Patna High CourtCR. MISC./12262/2019dismissed

Danish Alam v. The State Of Bihar

2019-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12262 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- MAHILA P.S. District- Kishanganj ====================================================== Danish Alam S/o Late Kalimuddin Resident of Village- Mohmmad Nagar, Partibasti, P.S.- Bahadurganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2019 This is an application for grant of anticipatory bail in connection with Kishanganj Mahila P.S. Case No. 60 of 2018, disclosing offences under Sections 376, 341, 323, 504, 34 of the Indian Penal Code.

Allegation against the petitioner is that he continuously committed rape upon the informant on the pretext of marriage, but later on refused to marry with her and when she married with another person, then again the petitioner committed rape upon her.

Submission of learned counsel for the petitioner is that the whole prosecution does not appear to be believable and in order to put pressure on the petitioner to marry with her, the present false case has been lodged.

Heard learned A.P.P. also, who opposed the prayer for

Patna High Court CR. MISC. No.12262 of 2019(2) dt.27-02-2019 2/2 anticipatory bail of the petitioner stating that the whole life of the informant has ruined by the petitioner and she has supported the allegation of rape against the petitioner in her statement recorded under Section 164 Cr.P.C.

Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit.

Accordingly, this application is dismissed.

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