Md. Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7529 of 2020 Arising Out of PS. Case No.-114 Year-2019 Thana- JALALGARH District- Purnia ====================================================== Md. Shahabuddin, Son of Md. Muslim, R/o village-Kumharwa, P.S-Jalalgarh, District-Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Dr. Bidhu Ranjan, Advocadte For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Jalalgarh P.S. Case No. 114 of 2019 registered for the offences punishable under Sections 376, 323 of the Indian Penal Code and Section 4/6 of POCSO Act. Learned Senior Counsel for the petitioner submits that on perusal of the First Information Report it will appear that as per the informant she was first raped about five months back by this petitioner who is her cousin brother, she claims that the petitioner was continuously making physical relationship with her because of which she got pregnant and thereafter when the informant asked the petitioner to marry her he ignored the request of the informant on one pretext or the another.

Learned Senior Counsel submits that the victim girl is major in between 18-19 years and the manner in which the

Patna High Court CR. MISC. No.7529 of 2020(2) dt.03-03-2020 2/2 occurrence has been alleged it seems improbable that at 4.00 O'clock in the morning the informant will go to her field to cut the grass and there the occurrence will take place. On the other hand, the learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail. Considering the facts and circumstances of the case and the materials available on the record from which it appears that the victim girl has made specific allegation of rape against this petitioner, in her 164 Cr.P.C. statement also she has supported her case and in the medical examination she has been found pregnant carrying a pregnancy of 32 weeks at the relevant time, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is, thus, refused.

In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by this order.

(Rajeev Ranjan Prasad, J) vats/- U T