Asgar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4926 of 2015 ====================================================== Asgar Alam Son of Sk. Muslim Resident of vill- Gochhi Sheikh Toli, P.SKesariya, Distt.- East Champaran (Motihari) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. C-1536 of 2011 registered under Sections 376, 323, 504 and 120B of the Indian Penal Code.

The complainant alleged that the mother of the complainant engaged her as maidservant of the petitioner, but the petitioner established physical relation with the complainant on the pretext of marriage.

Learned counsel for the petitioner submits that the allegation is false. The mother of the complainant and other accused persons have already been granted anticipatory bail. The medical report does not support the case of the prosecutrix. Be that as it may, there is a very specific allegation that the petitioner established physical relation with the

Patna High Court Cr.Misc. No.4926 of 2015 (2) dt.04-02-2015 2/2 complainant. Hence, I am not inclined to enlarge the petitioner on anticipatory bail in Complaint Case No. C-1536 of 2011, corresponding to Tr. No. 4909 of 2014. Accordingly the same is rejected.

The petitioner is directed to surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for bail of the petitioner on its own merit, without being prejudiced by the present order. (Prabhat Kumar Jha, J) Dilip/- U T