Mahamad Rashid @ Rashid Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16565 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== Mahamad Rashid @ Rashid Ali Son Of Aas Mohamad Resident Of Village - Aranda , P.O.- Aranda, P.S.- M.H. Nagar Hasanpura, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376, 313, 34 of the Indian Penal Code. It is alleged against the petitioner that on promise to marry, the petitioner has established physical relationship with the informant and continued it for two years but thereafter he refused to get marry with her. The informant thereafter solemnized marriage with some other persons but this petitioner disclosed his relationship with the informant to her husband, as a

Patna High Court CR. MISC. No.16565 of 2022(2) dt.12-09-2022 2/3 result of which, the husband of the informant divorced her.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The petitioner is employed in foreign country and the allegation of the informant is based on false and concocted story. The petitioner has filed an informatory petition before the Court of learned Sub-Divisional Officer, Siwan on 17.11.2021 against the informant and her family members much prior to the registration of the present F.I.R.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that there is direct allegation against the petitioner that he established physical relationship with the victim on promise of marriage. The witnesses have also supported the prosecution version.

Considering the fact that thrust of accusation is

Patna High Court CR. MISC. No.16565 of 2022(2) dt.12-09-2022 3/3 against the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T