Patna High CourtCR. MISC./16393/2022dismissed

Md. Mister @ Jahangir v. The State Of Bihar

2022-07-20Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16393 of 2022 Arising Out of PS. Case No.-235 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== MD. MISTER @ JAHANGIR Son of Md. Firoj R/o Village - Tika Purvi, P.O.- Sonpul, P.S.- Biraul, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2022 Heard learned counsel for the parties.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Biraul P.S. Case No.235 of 2021 instituted under Sections 363, 365/34 of the Indian Penal Code.

The allegation in the FIR is that informant alleged that her daughter went out to attend the nature's call but did not return and she thereafter lodged the FIR stating that the petitioner herein may be the person behind her kidnapping/disappearance.

Subsequently the girl/lady was recovered and she made a statement under Section 164 of the Cr.P.C. in which she has supported the prosecution story and has further stated that she was taken to Benipur where the petitioner raped her.

Patna High Court CR. MISC. No.16393 of 2022(3) dt.20-07-2022 2/2 Thereafter, he brought the lady to his in-laws house where again he raped her. She has further stated in the FIR that when she ask her to marry him he not only refused the said proposal but assaulted her and left her on the road in an unconscious position. She was later lifted by a person who was going through the road from where the police was informed and she was recovered.

Taking into account the allegation of rape against the petitioner which the girl/lady had narrated in the 164 Cr.P.C., this Court for the present is not inclined to grant him the privilege of bail, which is accordingly rejected. The Trial court is directed to expedite the Trial and conclude the same at an earliest.

(Rajiv Roy, J) Prakash Narayan /- U T