Anwar Mian Alias Md. Anwar Vs. State of Bihar - Court Judgment

Excerpt:
criminal procedure code, 1973 - section 436 and schedule first--indian penal code, 1860--section 415, 417 and 376-bail application--offence of commission of sexual intercourse by consent after assurance of marriage--is of cheating--falls under section 417 and not under section 415--as such, bailable--bail directed to be granted. - - 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the chief judicial magistrate, hazaribagh. p.k. sarkar, j.1. heard mr. ramawtar sharma, learned counsel for the petitioner and mr. jawahar pd. learned additional. p.p. for the state. mr. sharma submits that from the allegation itself it appears that the sexual intercourse was done with consent with an assurance that the petitioner would marry the victim. in the impugned order, the additional. sessions judge observed that this case comes under section 415, ipc and is non-bailable. learned counsel submits that this is not correct because section 415, ipc is the definition part and punishment is given in section 417, ipc which shows that it is bailable. in the facts and circumstances, let the petitioner (anwar mian alias md. anwar) be enlarged on bail in sadar (m) ps case no. 270 of 1996 (gr no. 1405 of 1996) on his furnishing bail bonds of rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the chief judicial magistrate, hazaribagh.

Judgment:

P.K. Sarkar, J.

1. Heard Mr. Ramawtar Sharma, learned Counsel for the petitioner and Mr. Jawahar Pd. learned Additional. P.P. for the State. Mr. Sharma submits that from the allegation itself it appears that the sexual intercourse was done with consent with an assurance that the petitioner would marry the victim. In the impugned order, the Additional. Sessions Judge observed that this case comes under Section 415, IPC and is non-bailable. Learned Counsel submits that this is not correct because Section 415, IPC is the definition part and punishment is given in Section 417, IPC which shows that it is bailable. In the facts and circumstances, let the petitioner (Anwar Mian alias Md. Anwar) be enlarged on bail in Sadar (M) PS Case No. 270 of 1996 (GR No. 1405 of 1996) on his furnishing bail bonds of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Hazaribagh.