MD. ISHA v. STATE OF BIHAR
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 379, 427
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Heard learned counsel for the petitioner and the State. There can be no justification to have sex or making allegation for having sex with a married person on the pretext of marrying her. Without married having sex with a major girl may not be an offence but society here does not permit such act. A lady cannot be allowed to make such allegation taking the shelter of law for her own immoral act while in the instant case a complaint is filed against the complainant and her father for the offence under section 379 and 427 of the Indian Penal Code earlier to filing of this case. So, I find it not a fit case in which petitioner’s anticipatory bail can be refused. Accordingly, in the event of arrest or surrender within one month from today in Araria (Bairgachi) P.S. case no.302 of 2008 (G.R. no.2345 of 2008), the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Araria , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.