Gulam Server @ Md. Gulam Sarwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5137 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- BHELDI District- Saran ====================================================== GULAM SERVER @ MD. GULAM SARWAR SON OF MAMUN RASID @ CHUNNA R/O VILLAGE- ARNA, P.S.- BHELDI, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bheldi P.S. Case no. 103 of 2021 instituted for the offence punishable under Sections 341, 323, 448, 376, 504, 506/34 of the Indian Penal Code . As per allegation in the FIR, while the victim girl was alone in her house, petitioner went inside her house and committed rape inside the room. In the meantime, her cousin came there and bolt the door from outside. From inside petitioner informed the matter by mobile to his family and they came and got him rescue from there by breaking the door. It is further alleged that accused persons have assured to get perform the marriage of the petitioner with the victim girl to which they later on denied. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.5137 of 2022(4) dt.11-08-2022 2/2 In fact, victim girl was in love with the petitioner for the last four years and with her consent, petitioner had established physical relation with her. Victim girl is major of 22 years. Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl was got recorded under Section 164 Cr.P.C., wherein she has made direct allegation of rape against the petitioner.

Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the victim lady, I am not inclined to grant bail to the petitioner and, as such, his application for bail stands rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection. (Sunil Kumar Panwar, J) sushma/- U