Md. Mintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14645 of 2016 Arising Out of PS.Case No. -58 Year- 2015 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Md. Mintu Son of Md. Zaheer Resident of Village- Kumari, PS Ghanshyampur, District Darbhanga Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-376(G), 379 of the Indian Penal Code. Petitioner and one other accused are said to have committed rape upon the informant but submission on behalf of the petitioner is that when the statement of informant was recorded u/S 164 of the Cr.P.C., she stated that it was the petitioner only, who committed rape upon her. It is further submitted that the medical report does not corroborate the allegation and moreover, there was enmity between father of the informant and father of the petitioner and, that is the reason of false implication of the petitioner in the alleged crime.

Patna High Court Cr.Misc. No.14645 of 2016 (2) dt.08-04-2016 2/2 Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to release the petitioner on bail at least, at this stage and accordingly, his prayer for bail in connection with Ghanshyampur P.S. Case No. 58 of 2015 pending in the court of learned Chief Judicial Magistrate, Darbhanga stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T