IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43982 of 2011 Md. Naseem @ Md. Nasheem, son of Sk. Siddiqui @ Shekh Siddik, resident of village Dihiya, P.S. Jalalgarh, District – Purnea. Versus The State Of Bihar ---------------------------------- 2/ 21.12.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 376, 313 and 201 of the Indian Penal Code. The case was initially filed as complaint, which was referred to the police for institution of FIR under section 156(3) Cr.P.C. It is stated in the complaint that the complainant is closely related to the petitioner. The petitioner established physical relationship with the complainant firstly on 15.7.2010 under threat. Subsequently also, he established physical relationship with her as a result of which she conceived. She disclosed this fact to the petitioner. The petitioner assured to marry her. He advised her for abortion. The informant was given some medicines resulting into miscarriage. Subsequently, a panchaiti took place on 20.10.2010 in which the petitioner agreed to marry the informant but before marrying the informant, he fled away to Delhi. On 1.7.2011, the petitioner came back from Delhi and on 3.7.2011 he married another girl. Thereafter, the father of the informant went to the house of the petitioner on 5.7.2011 and inquired from him as to why he had cheated his daughter. The petitioner abused and 2 misbehaved with him. Thereafter, the present complaint was filed in court. It is submitted that the entire allegation is false. The informant wanted to marry the petitioner. Pressure was being put on him. The petitioner was not agreeable to the marriage. He married another girl of his choice and, thereafter, on the basis of a concocted story, the present complaint has maliciously been instituted. Considering the facts and circumstances of the case, let petitioner, namely, Md. Naseem alias Md. Nasheem, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5000/(five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Purnea in connection with Jalalgarh P.S. Case no. 72 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Anil/ ( Ashwani Kumar Singh, J.)