Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12926 of 2016 Arising Out of PS.Case No. -9 Year- 2015 Thana -MAHILA P.S. District- MUNGER ======================================================

1. Md. Raja S/o Md. Fasi Ahmad Resident of village / Mohalla - Hajratganj, Bara, Gali No. 15, P.S. Kasimbazar, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Choudhary For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-04-2016 Heard the Counsel for the petitioner and the APP for the State.

Petitioner is accused of Mahila P.S. Case No. 09 of 2015 registered under Sections 341, 323, 376/504 of the Indian Penal Code and Sections 3⁄4 of the POCSO Act.

As per the F.I.R., the petitioner came on to the door of the informant and at gun point took her to the up stairs and committed rape.

Contention of the petitioner is that both parties are neighbours. It would appear that marriage negotiations were going on. The mother of the petitioner lodged a case prior to the present one vide Annexure-2. As a counter blast, the present case has been lodged.

Learned APP opposed the prayer and contended that the

Patna High Court Cr.Misc. No.12926 of 2016 (3) dt.19-04-2016 2/2 explanation is there in the first information report as an attempt was made to get the marriage solemnized which ultimately failed and in these circumstances, the case was lodged. Taking into account the rival contentions and the allegations attributed to the petitioner, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is, accordingly, rejected.

(Kishore Kumar Mandal, J) Pankaj/- U T