Md. Tanweer Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15393 of 2017 Arising Out of PS.Case No. -401 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Md. Tanweer Alam, Son of Md. Obaid, resident of village - Fatulha, P.S. Sadar Darbhanga ( O.P. Bhalpatti ), District - Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Sadar (Bhalpatti) P.S. Case No. 401 of 2016, registered under Sections 376, 341, 323, 324, 325, 504 and 506/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Darbhanga.

The allegation of informant Tabasum Parveen is that before three months she had gone to the mobile shop of the petitioner for repairing of her mobile, while the petitioner handed over mobile to the informant, but he noted the mobile number of informant and thereafter, he used to talk to informant on her mobile, but informant always switched off her mobile. On

Patna High Court Cr.Misc. No.15393 of 2017 (3) dt.31-07-2017 2/2 02.10.2016 in the night at 11.00 P.M. petitioner entered in the house of the informant and committed rape upon the informant. On the next morning, she narrated the incidence to her father. Thereafter, Panchayati was arranged then petitioner and his other family members assaulted his father in which her father sustained fractured injury in his leg.

Learned counsel for the petitioner submits that while the occurrence is said to occurred on 02.10.2016 at about 11.00 P.M. but at that time, the petitioner was not present in his house as he had boarded in the train for going to Kolkata. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T