Hafiz Abdul Karim Are Bhat @ Hafiz Abdul Karim @ Abdul Karim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9100 of 2022 Arising Out of PS. Case No.-963 Year-2021 Thana- NAWADA District- Nawada ====================================================== HAFIZ ABDUL KARIM ARE BHAT @ HAFIZ ABDUL KARIM @ ABDUL KARIM SON OF HAZI MD. AMIN SABRI @ MD. AMIN QURESHI R/O MOHALLA- MUSLIM ROAD, P.S.- TOWN NAWADA, DISTRICT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durgesh Nandan For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 376, 385, 379 and 504/34 of the Indian Penal Code registered in connection with Nawada Town P.S.Case No. 963 of 2021.
As per allegation, the informant was in love affair with the petitioner since 2010. He assured her to marry. On that assurance, he had physical relation with her. There is also
Patna High Court CR. MISC. No.9100 of 2022(2) dt.06-09-2022 2/3 allegation that the petitioner got the pregnancy of the informant terminated. Lastly, he denied to marry the informant. The learned counsel for the petitioner has submitted that the petitioner has no love and affection with the informant, rather the love and affection was one sided. He has submitted further that the petitioner was appointed as Government Teacher in the year 2016. Thereafter, the family members of the informant made pressure upon him to marry the informant and on denial this false case has been instituted. The statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she has reiterated the same version of the FIR.
There is serious allegation against the petitioner that he had sexual relation with the informant at the assurance of marriage. He got her pregnancy terminated and did not stand to his word of marriage.
In view of aforesaid, the petitioner does not deserve the privilege of anticipatory bail, which is hereby rejected. He is directed to surrender before the court below and make a prayer for regular bail that shall be disposed of without being prejudiced by this order.
Office shall ensure that all defects are removed by
Patna High Court CR. MISC. No.9100 of 2022(2) dt.06-09-2022 3/3 the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T