Patna High CourtCR. MISC./49193/2016dismissed

Md. Mahboob v. The State Of Bihar

2017-01-19Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.49193 of 2016 (3) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49193 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -AMDABAD District- KATIHAR ======================================================

1. Md. Mahboob son of Md. Zakir, resident of Village- Garad Tola, Pranpur, Police Station- Amdabad, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard the parties on the application for anticipatory bail filed by the petitioner in connection with Amdabad P.S.Case No.57 of 2016 for the offence under Section 376(D) of the Indian Penal Code.

It is submitted on behalf of the petitioner that no doubt the allegation against the petitioner is of committing rape along with other co-accused persons but as a matter of fact petitioner is aged about 21 years, whereas the age of the victim appears to be 50 years old even as per the statement of the informant under Section 164 Cr.P.C., so the occurrence does not appear to be probable. It is also submitted that the Doctor in his medical examination report also does not find history of rape true. The

Patna High Court Cr.Misc. No.49193 of 2016 (3) dt.19-01-2017 petitioner is in custody since 04.09.2016.

Heard learned A.P.P., who opposes the prayer for bail of the petitioner on the ground that there is direct allegation against the petitioner of committing rape one after another of the informant along with other co-accused persons. Considering the allegations attributed against the petitioner, I am not inclined to grant bail to the petitioner, hence, the prayer for bail of the petitioner is rejected. However, the learned court below is directed to expedite the trial and try to conclude the same as soon as possible.

(Vinod Kumar Sinha, J) chn/- U