Md. Gufran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10696 of 2022 Arising Out of PS. Case No.-562 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== MD. GUFRAN S/o Md. Rasid R/o village- Kajipura, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 365 of the Indian Penal Code to which section 376 of the Indian Penal Code was added subsequently.

As per the prosecution case, the daughter of the informant was kidnapped by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. It is a case of love affair between the parties. It is for this reason that there is delay of two days in lodging of FIR. The petitioner is in custody since 27.9.2021 and undertakes to cooperate in the trial.

The application for bail is opposed by learned APP for

Patna High Court CR. MISC. No.10696 of 2022(3) dt.19-12-2022 2/2 the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner together with the contents of the statement of the victim under section 164 Cr.P.C. wherein she has made direct allegation of the petitioner having committed rape on her, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T