Md. Jashid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14713 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- BAUSI District- Purnia ====================================================== MD. JASHID S/o Late Faruk Resident of Village-Hathibanda, P.S.-Baisi, District-Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. M.K. Agrawal, Sr. Adv.
For the Informant :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2019 Heard the parties.
This application is for grant of regular bail in connection with Baisi P.S.Case No.144 of 2018for the offences under Sections 323, 341, 376, 504, 34 of the Indian Penal Code. Prosecution story is that the petitioner committed rape upon the informant and thereafter by threatening her he started having physical relation with her, due to which she became pregnant and when she informed the same to her family members, her family members approached the accused persons but they abused them Submission of the learned counsel for the petitioner is that this is a case of love affair and the girl is also major.
Patna High Court CR. MISC. No.14713 of 2019(4) dt.20-06-2019 2/2 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the witnesses have also supported the prosecution case during the investigation and the victim has also supported the case in her statement recorded under Section 164 Cr.P.C. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders and pray for regular bail, the same shall be considered on its own merit without being prejudiced by the order of this Court.
With the above direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T