Md. Shamshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33074 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -PALASI District- ARRARIA ====================================================== Md. Shamshad Alam Son of Md. Ishhaque Resident of Village Fulsara, P.s Palasi, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Ziaul Quamar For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 376 of the Indian Penal Code.

The victim made specific allegation that the petitioner kidnapped her and committed rape with her. Learned counsel for the petitioner submits that the F.I.R. is lodged after many days of the occurrence. The Superintendent of Police found the case true under Section 366 of the Indian Penal Code. Learned counsel for the informant, however, opposed the prayer for bail.

Considering the nature of allegation made against the petitioner that the petitioner committed rape with the victim, I

Patna High Court Cr.Misc. No.33074 of 2015 (3) dt.13-10-2015 2/2 am not inclined to enlarge the petitioner on anticipatory bail in Palasi P.S. Case No. 41/2015. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T