Patna High CourtCR. MISC./5321/2017disposed

Md. Samim v. The State Of Bihar

2017-02-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5321 of 2017 Arising Out of PS.Case No. -202 Year- 2016 Thana -AKBARPUR District- NAWADA ======================================================

1. Md. Samim S/o Md. Kalimuddin, Resident of Village-Akbarpur Muslim Tola, P.S.-Akbarpur, District-Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Manisha Prakash For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Akbarpur P.S.Case No.202 of 2016 for the offence under Sections 376/511 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner has been implicated in this case due to the fact that the marriage negotiation was going on between the family of the petitioner and the informant but that ruined due the arrogant attitude of the informant and though it is alleged that the petitioner has tried to commit rape upon the daughter of the informant but the Doctor has not found any sign of rape upon the victim girl and now they have filed a compromise petition before the learned court below. Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.5321 of 2017 (2) dt.16-02-2017 2/2 bail.

Having heard both sides. In view of the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner at this stage, however, the petitioner is directed to surrender before the court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court as well as considering the fact that a compromise petition has been filed between the parties and the statement of the learned counsel for the petitioner that due to the marriage dispute, he has been implicated in this case.

Accordingly, this application is disposed of . (Vinod Kumar Sinha, J) chn/- U