Allowed

MD Tahir Alam @ Tahir Alam @ MD Tahir Hussain v. The State of Bihar

Patna HC22 Aug 2022CR. MISC./13537/2022

Case brief

AI extract

What is this about?

Petitioner sought allowance of bail or continuation of anticipatory bail in a Section 376 IPC case involving the complainant's daughter. The court allowed bail with an undertaking to remove defects and directed verification of marriage solemnization by the lower court before accepting the bond.

What did the court decide?

Enlargement on bail with an undertaking to remove defects within six weeks and a manual duty on the lower court to verify marriage facts before accepting the bond.

MD Tahir Alam @ Tahir Alam @ MD Tahir Hussain Vs The State… — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13537 of 2022

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Arising Out of PS. Case No.-39 Year-2020 Thana- MAHILA PS District- Jehanabad

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

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Md Tahir Alam @ Tahir Alam @ Md Tahir Hussain Son Of Md. Imam Sarwar Resident Of Village - Kumardih, P.S.- Makhdumpur, Distt.- Jehanabad.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Rizwan Parween D/o Fakhruddin Ansari, W/o Md. Tahir Hussain Resident of Village - Kumardih, P.s.- Makhdumpur, Distt.- Jehanabad.

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Syed Asgher Najmi For the Opposite Party/s : Mr.Raj Kishore Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 22-08-2022

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376/34 of the Indian Penal Code.

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It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has already got married with the informant and she is living with the petitioner. He submits that after performing the marriage, the parties have filed a joint compromise petition before the learned

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Patna High Court CR. MISC. No.13537 of 2022(3) dt.22-08-2022 2/2

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Sub-Divisional Judicial Magistrate, Jehanabad. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

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Learned APP for the State opposes the prayer for

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bail.

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Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged 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 learned court below where the case is pending/successor court in connection with Mahila Jehanabad P.S. Case No. 39 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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However, the learned court below is directed to verify the fact of solemnization of marriage of petitioner with informant before accepting the bail bond.

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(Anjani Kumar Sharan, J)

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devendra/- U T

MD Tahir Alam @ Tahir Alam @ MD Tahir Hussain v. The State of Bihar

Case brief

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MD Tahir Alam @ Tahir Alam @ MD Tahir Hussain v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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