Md. Samrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33499 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -DAGARUA District- PURNIA ====================================================== Md. Samrul, S/o Gulam Mustafa, Resident of: Village- Bachhardah, P.S. - Dagarua, district- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Mr. Sri Shantanu Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks pre-arrest bail in connection with Dagarua P.S. Case No. 55 of 2016 registered for the offences punishable under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioner committed rape at the point of knife after bringing the informant in maize filed and when she started weeping, the petitioner assured her to marry with her and on that assurance again developed physical relationship with her, resulting she became pregnant and thereafter the petitioner refused to marry with her Submission is of false allegation and that only with a

Patna High Court Cr.Misc. No.33499 of 2016 (2) dt.20-08-2016 2/2 view to put pressure this false case has been lodged, no such occurrence has taken place, the petitioner has been elected a member of Gram Panchayat, he has got prestige in the society and as such he deserves sympathetic consideration. Learned A.P.P seriously opposes the prayer of prearrest bail. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with Dagarua P.S. Case No. 55 of 2016 pending in the court of learned Chief Judicial Magistrate, Purnea. (Jitendra Mohan Sharma, J.) Rajiv/- U T