Aamir Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.725 of 2012 aamir versus the state of bihar ---------------------------------- 2/ 11.1.2012 heard mr. b.n.p. singh, learned counsel for the petitioner and dr. indiwar kumar, learned counsel for the state. the petitioner is apprehending his arrest in complaint case no. ca 342.of 2009 in which cognizance has been taken under sections 376, 323 and 504/34 of the indian penal code. it is alleged that initially forceful physical relationship was established by the petitioner with the complainant in march, 2009 and thereafter, on promise to marry, the physical relationship was established. it is submitted by learned counsel for the petitioner that the complaint petition does not reflect that any medical examination of the victim was done. considering the fact that the complainant being major, consented for physical relationship for several months in anticipation of marriage and on account of that the accusation under section 376 ipc getting clouded, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs.10000/(ten thousand) with two sureties of the like amount 2 each to the satisfaction of c.j.m. purnea in the aforementioned complaint case subject to the conditions as laid down under section 438(2) of the cr.p.c. anil/ (dinesh kumar singh, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.725 of 2012 Aamir Versus The State Of Bihar ---------------------------------- 2/ 11.1.2012 Heard Mr. B.N.P. Singh, learned counsel for the petitioner and Dr. Indiwar Kumar, learned counsel for the State. The petitioner is apprehending his arrest in Complaint Case No. CA 342.of 2009 in which cognizance has been taken under sections 376, 323 and 504/34 of the Indian Penal Code. It is alleged that initially forceful physical relationship was established by the petitioner with the complainant in March, 2009 and thereafter, on promise to marry, the physical relationship was established. It is submitted by learned counsel for the petitioner that the complaint petition does not reflect that any medical examination of the victim was done. Considering the fact that the complainant being major, consented for physical relationship for several months in anticipation of marriage and on account of that the accusation under section 376 IPC getting clouded, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount 2 each to the satisfaction of C.J.M. Purnea in the aforementioned complaint case subject to the conditions as laid down under section 438(2) of the Cr.P.C. Anil/ (Dinesh Kumar Singh, J.)