← Library
Patna High CourtCR. MISC./17995/2017disposed

Maulvi Sk. Tausif Raza @ Md. Tausif Raza @ Laddu v. The State Of Bihar

2017-05-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17995 of 2017 Arising Out of PS.Case No. -307 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Maulvi Sk. Tausif Raza @ Md. Tausif Raza @ Laddu, S/o S.K. Md. Ezaz, Resident of Village- Hanumanganj, P.S.- Chakia, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s ; Mr. Yogesh Chandra Verma : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 The petitioner is apprehending his arrest in connection with Chakia P.S. Case No. 307 of 2016, registered for offences punishable under Sections 376 and 109 Indian Penal Code. Prosecution case in short is that petitioner being teacher in a village Madarsa and complainant was the student and the allegation against petitioner is that he committed rape twice on the complainant on the promise of marriage.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case by the complainant /informant only with a view to pressurize the petitioner to marry with her. Further falsity of the case will appear from the fact that father of the petitioner has also been made

Patna High Court Cr.Misc. No.17995 of 2017 (2) dt.03-05-2017 2/2 accused in this case and further there is a delay in lodging the complaint case. Moreover, now both the parties have settled their disputes outside the court.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant the petitioner the privilege of anticipatory bail. Let petitioner surrender before the court below and make prayer for regular bail and if any such application is filed the court below after issuing notice to complainant/informant and after hearing submissions of both the parties as it has been submitted by learned counsel for the petitioner that a compromised petition has been filed and also after considering the allegations of the petitioner, shall pass an appropriate order, without being prejudiced by the order of this court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T