Md. Sindhwaj @ Sindhwaj Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.9476 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9476 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -MAHILA P.S BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Sindhwaj @ Sindhwaj Mian Son of Wakil Mian Resident of village - Pipardari, Police Station - Bagaha, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 366(A)/34 of the Indian Penal Code.

It is alleged that the accused persons abducted the victim girl Indu Kumari aged about 12-14 years.

It appears that the police in course of investigation found the case true under section 376 apart from under section 366A of the Indian Penal Code.

Learned counsel for the petitioner submits that the medical report would show that there was no sign of sexual assault. It appears that the victim girl in her statement under section 164 Cr.P.C. stated that the petitioner abducted and

Patna High Court Cr.Misc. No.9476 of 2015 (3) dt.02-07-2015 committed rape with her.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is, accordingly, rejected. However, if petitioner surrenders and pray for regular bail, the same would be disposed of on its own merit without prejudice. (Samarendra Pratap Singh, J) KHAN/- U T