Mohammad Sagir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10887 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- MANSAHI District- Katihar ====================================================== Mohammad Sagir S/O Sanaullah R/O Village- Rampur Santhali tola, P.SMansahi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in case registered for the offence punishable under Section 376 of the Indian Penal Code. Prosecution case, in brief, is that this petitioner is alleged to have committed rape upon the complainant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is delay of 8 days in lodging the F.I.R. and there is no explanation for the same. However, learned counsel for the State opposes the prayer for bail and submits that there is specific and direct allegation of commission of rape against this petitioner and the victim in her statement, recorded under Section 164 of the

Patna High Court CR. MISC. No.10887 of 2023(2) dt.15-05-2023 2/2 Cr.P.C., has supported the prosecution case.

Considering the aforesaid facts, prayer for anticipatory bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T