Shamsher Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42941 of 2014 Arising Out of PS.Case No. -74 Year- 2014 Thana -BALIA District- BEGUSARAI ====================================================== Shamsher Khalifa, Son of Ghuran Khalifa, Resident of VillageMathurapur, P.S.- Balia, District-Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar, Advocate.

For the Opposite Party : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366(A), 372, 373 and 376 of the Indian Penal Code and under Sections 3/4/5/6/9 of Immoral Traffic Act.

The father of the victim made allegation that his daughter was confined in the room of the petitioner and Renu Devi. Jahana Khatoon was keeping watch. Son of Shankar Khalifa and Mital Khalifa use to commit rape with her. Learned counsel for the petitioner submits that Akbar Khalifa and Shisha Khalifa have been granted anticipatory bail vide orders passed in ABP No. 441 of 2014. The case of the petitioner stands on the same footing as the victim did not name

Patna High Court Cr.Misc. No.42941 of 2014 (5) dt.16-12-2015 2/2 the petitioner in her statement under Section 164 of the Cr.P.C. From perusal of the records, it appears that father of the victim made allegation that the victim was kept confined in the room of petitioner Shamsher Khalifa where she was subjected to rape continuously for two years. The petitioner has got criminal antecedent and he is accused in two other cases of similar nature. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T