Md. Shamsuddin @ Arju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11977 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== MD. SHAMSUDDIN @ ARJU S/O MD. IJHARUL HAQUE R/O VILLAGE- SUGAUNA, P.S- RAHIKA, DISTT.- MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, A.P.P.

For the Informant :

Mr. Shankar Kr. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.

2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 341, 323, 376, 420, 504/34 of the Indian Penal Code.

3. As per prosecution case, this petitioner committed rape upon the the informant on the point of knife. Victim in her statement, recorded under Section 164 of the Cr.P.C., has supported the prosecution case and has categorically stated that this petitioner committed rape upon her.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the alleged incident has taken place on 13.09.2023

Patna High Court CR. MISC. No.11977 of 2024(3) dt.18-04-2024 2/2 and the victim was medically examined after lapse of more than one month.

5. In view of the gravity of the offence and statement of the victim recorded under Section 164 Cr.P.C., prayer for anticipatory bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T