Md. Habib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32672 of 2015 Arising Out of PS.Case No. -42 Year- 2014 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Md. Habib, Son of Late Rustam Ali, resident of Faring Gola, Ward No. 3, P.S. & District - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate For the Opposite Party/s : Mr. Dinesh Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Kishanganj Mahila P.S. Case No.42 of 2014 for allegedly having committed the offence under Sections 376, 313 and 511 of the Indian Penal Code, which is pending in the court of learned Chief Judicial Magistrate, Kishanganj. Learned counsel for the petitioner submits that the allegation against the petitioner is totally false and farfetched and is wholly aimed at tarnishing the image of the present petitioner.

Learned counsel appearing on behalf of the State, after perusal of the case diary, submits that there is sufficient

Patna High Court Cr.Misc. No.32672 of 2015 (4) dt.06-11-2015 2/2 material in the case diary so as to implicate the petitioner. Furthermore, the statement of the victim recorded under Section 164 Cr.P.C. amply proves that the petitioner was involved in the occurrence, as alleged.

Considering the aforementioned facts and circumstances and the materials which have emerged in the case diary, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T