Moulvi Eakhlaque @ Moulvi Ekhlaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14332 of 2015 Arising Out of PS.Case No. -84 Year- 2012 Thana -RANIGANJ District- ARRARIA ====================================================== Moulvi Eakhlaque @ Moulvi Ekhlaque son of Md. Idris resident of village - Rampur, Police Station - Raniganj, District - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-04-2015 The petitioner has renewed his prayer for anticipatory bail in connection with Raniganj P.S. Case No. 84 of 2012 registered for the offences punishable under Sections 376/34 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Araria.

It is alleged that the petitioner established physical relationship since last three months of the institution of the case on promise of marriage when subsequently he refused to marry.

It is submitted by learned counsel for the petitioner that the medical report does not suggest the commission of rape when the victim was found to be 18 years of age. The earlier anticipatory bail application of

Patna High Court Cr.Misc. No.14332 of 2015 (02) dt.29-04-2015 2/2 the petitioner was disposed of with liberty to the learned court below to consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today. Now the prayer for anticipatory bail has been renewed on the ground that the informant has entered into compromise and petition to that effect has been filed before the learned court below.

Let the learned court below consider the prayer for regular bail of the petitioner in view of the retracted version of the informant and keeping in view of the fact that the physical relationship was established on promise of marriage prima facie does not suggest the commission of offence under Section 376 of the Indian Penal Code.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T