Md. Urfan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5800 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- BHAPTIAHI District- Supaul * ====================================================== 1.

Md. Urfan 2.

Md. Farman Both sons of Late Md. Kaseem 3.

Md. Samsad Son of Md. Rasul 4.

Md. Aman @ Md. Amaan S/o Majit Hazi 5.

Md. Gafar @ Abdul Gafar 6.

Md. Sattar, Both sons of Bala Sah All are Resident of Village- Jhilla Sahpur, Pirthipatti, Ward no.3, P.S.- Bhaptiyahi, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2019 The petitioners apprehend their arrest in connection with Bhaptiyahi P.S.Case No. 97 of 2018 registered under Sections 323, 341, 376, 379, 448 and 506/34 of the Indian penal Code and 4 of the Protection of Children from Sexual Offences Act. Allegation against the petitioners is of committing rape upon the daughter of the complainant and also his wife. Submission of learned counsel for the petitioners is that statement of daughter of the complainant was recorded under Secton 164 Cr.P.C. in which she has not supported the

Patna High Court CR. MISC. No.5800 of 2019(3) dt.28-03-2019 2/2 prosecution case moreover both parties have compromised the case also.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to them rather they should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order, if possible, on the same day. (Vinod Kumar Sinha, J) sujit/- U T