Mohammad Auranjeb @ Auranjeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7930 of 2023 Arising Out of PS. Case No.-34 Year-2020 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== MOHAMMAD AURANJEB @ AURANJEB Son of Shariful Islam Resident of Village - Darhaul, P.O.- Bandpura, P.S.- Katra, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2023 Heard the parties.

The petitioner apprehends his arrest in connection Muzaffarpur Mahila P.S. Case No.34 of 2020, registered for the offence punishable under Sections 341, 342, 448, 506, 504, 323, 376, 34 of the Indian Penal Code.

The allegation against the petitioner is that he committed rape with the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the occurrence took place on 29.06.2020 and the FIR was lodged on 05.07.2020 i.e. after a

Patna High Court CR. MISC. No.7930 of 2023(2) dt.17-04-2023 2/2 delay of more than 8 days, without giving any plausible explanation regarding the said delay. He further submits that the medical evidence does not support the case of the informant. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T