Allowed

Md. Azad v. The State of Bihar

Patna HC18 Nov 2019CR. MISC./61557/2019

Case brief

AI extract

What is this about?

Hon'ble Justice Vinod Kumar Sinha granted anticipatory bail to the petitioner in a case involving allegations of rape and dowry harassment. The court directed surrender within three weeks and specified bail conditions, including the requirement of a local surety.

What did the court decide?

Petitioner directed to surrender within 3 weeks and released on bail bond of Rs.25,000 with two sureties of like amount.

Md. Azad Vs The State of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61557 of 2019

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Arising Out of PS. Case No.-139 Year-2018 Thana- BAUSI District- Purnia

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======================================================

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MD. AZAD Son of Tanvir @ Md. Tanvir Alam Resident of Village- Hat Tol Ganghar, P.S.- Baisi, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Murli Dhar ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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3 18-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Baisi P.S. Case No. 139 of 2018 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

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As per FIR petitioner is said to have entered inside the house of the informant and on assurance of solemnizing marriage he committed rape upon her and he continued to have physical relationship with her and when she approached the family members of the petitioner they have demanded Rs.5 lac and also threatened her.

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Submission of learned counsel for the petitioner is that FIR has been lodged much delay and no explanation has been given and age of the girl was shown as 19 years and even according to FIR it is a case of consensual relationship between

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Patna High Court CR. MISC. No.61557 of 2019(3) dt.18-11-2019 2/2

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the parties and no case either Section 376 IPC or Sections 3/4 of Dowry Prohibition Act is made out against the petitioner.

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Heard learned APP also.

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In view of above facts and circumstances, let petitioner surrender in the court below within a period of three weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case No. 139 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

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(Vinod Kumar Sinha, J)

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spal/-

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U T

Md. Azad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Azad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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