Ubed @ Ubed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40630 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -BAHADURGANJ District- KISANGANJ ======================================================
1. Ubed @ Ubed Alam S/o Safebul Alam, R/o Vill.- Musaldenga Haribhasha, P.S.- Bahadurganj, District- Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Bahadurganj P.S.Case No.75 of 2018 registered for offences punishable under Sections 341, 323, 379, 376/34 of the Indian Penal Code.
Allegation against the petitioner is that he has committed rape upon the informant .
Submission of the learned counsel for the petitioner is that there is delay in lodging the FIR and moreover the panchayati was held and in panchayati she has not stated about the commission of rape. Further submission is that from the side of the petitioner a complaint petition has been lodged stating that family of the informant is in the habit of lodging such type of cases to put
Patna High Court Cr.Misc. No.40630 of 2018 (2) dt.13-07-2018 2/2 pressure on them to marry with the girl.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail of the petitioner on the ground that there is direct allegation against the petitioner and the same has been supported by the girl in her statement 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 anticipatory bail to the petitioner.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T