Md. Irfan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11878 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- MAHILA P.S. District- Araria ======================================================

1. Md. Irfan, son of Najrul, Resident of village - Bansar Domaria, P.S.- Sri Nagar, District- Purnea.

2. Md. Hasib, son of Md. Sakur, rV- Farkiya, P.S.- Chausi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2019 The petitioners apprehend their arrest in connection with Mahila (Araria) P.S.Case No. 69 of 2018 registered under Sections 376/34 of the Indian penal Code.

Allegation against the petitioners is that they have committed rape upon the informant and also threatened her. Submission of learned counsel for the petitioners is that medical report does not support the prosecution case of rape. Heard learned APP also who has opposed the prayer for anticipatory bail on the ground that in her statement recorded under Section 164 Cr.P.C. victim girl has supported the allegation.

Having heard both sides and in view of the facts and circumstances, as stated above, it's not a case for grant of

Patna High Court CR. MISC. No.11878 of 2019(2) dt.27-02-2019 2/2 anticipatory bail as such I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- U T