Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34768 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Danish son of Nazim Resident of village- Mahishmara, P.S. Paharkatta, District Kishanganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. B.N. Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-10-2015 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 27 of 2015, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code.

The victim alleged that when she went for urination, the petitioner caught her and committed rape with her. It is submitted that the date of occurrence is 04.05.2015 but the complaint petitioner was filed on 12.05.2015. On account of land disputed, this false case has been filed.

Considering the facts aforesaid and the fact that the victim has made very specific allegation that the petitioner committed rape with her, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T