Md. Rahamtullah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30098 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -MAHILA PS District- DARBHANGA ======================================================

1. Md. Rahamtullah, son of Abdul Mannan, resident of Village+P.S.- Raiyam, District- Darbhanga.

2. Md. Aale @ Aale Navi, son of Md. Hira, resident of Vill- Tarsarai, P.S.- Sakri, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Bihari Tiwary For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Mahila P.S.Case No.76 of 2016, for the offences punishable under Sections 363, 376 and 34 of the Indian Penal Code.

Allegation against the petitioner no.2 is of kidnapping the girl and handing over her to petitioner no.1 and thereafter there is allegation also of commission of rape by petitioner no.1. Submission of the learned counsel fro the petitioners is that allegation is that the girl was taken to Muzaffarpur and thereafter to Hyderabad but she raised no 'hulla' and she returned back, thereafter false allegation has been alleged against the

Patna High Court Cr.Misc. No.30098 of 2017 (2) dt.19-07-2017 2/2 petitioners. The petitioners are in custody since 16.5.2017. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner, however, the petitioner may renew his prayer for bail after framing of charge in this case. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U