Md. Taufique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22399 of 2017 Arising Out of PS.Case No. -485 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Taufique S/o Md. Shoib @ Md. Shoib Alam Resident of VillageShankarpur Orahi, P.S. Simraha, District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-07-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Forbesganj (Simraha) P.S. Case No. 485 of 2016 for the offence punishable under section 376 of the I.P.C.

Allegedly, the petitioner at the point of knife committed rape with the daughter, aged 14 years, of the informant. Submission is of false implication and that the informant/victim after realizing the truth has filed petition showing innocence of the petitioner, vide Annexure-4, and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail

Patna High Court Cr.Misc. No.22399 of 2017 (3) dt.06-07-2017 2/2 of the petitioner by submitting that on that ground regular bail can be granted and not the pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Araria. (Jitendra Mohan Sharma, J) Abhay/- U T