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Patna High CourtCR. MISC./23647/2023bail rejected

Kamre Alam v. The State Of Bihar

2023-07-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23647 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- MAHILA PS District- East Champaran ====================================================== KAMRE ALAM S/O SHEIKH KASMUDDIN Resident of Village- Ajgari, Churiharwa, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAUSHAN TARA W/O SHEIKH AJIJURRAHMAN Resident of VillageAjgari, Churiharwa, P.S.- Banjariya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The informant alleges that the petitioner attempted to commit rape of her minor daughter aged about 13 years on 29.07.2023.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the date of occurrence is 29.07.2022 and the FIR has been instituted on 25.08.2022 i.e., after a delay of more than 26 days, further, the allegation also does not inspire confidence.

Patna High Court CR. MISC. No.23647 of 2023(2) dt.14-07-2023 2/2

5. Learned A.P.P. for the State opposes the anticipatory bail application of the petitioner and submits that the allegation is of attempting to rape a minor, as such, the informant may be reluctant of instituting the FIR promptly.

6. Considering the submissions of the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail to the petitioner stands rejected.

(Satyavrat Verma, J) HarshPandey/- U T