Md. Qasim @ Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52746 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MAHILA P.S. District- SITAMARHI ======================================================

1. Md. Qasim @ Md. Kasim Son of Lal Mohammad resident of Village - Basatpur, P.S. - Dumra, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Sri S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks anticipatory bail in connection with Mahila P.S. Case No. 35 of 2016 instituted for the offences punishable under Sections 376, 504, 506, 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is allegation against the petitioner of committing rape on the informant on false promise of marriage, but the falsity of the case will appear from the fact that after seven months, the informant filed petition and secondly, the informant is mother of four children, whereas the petitioner is a young boy, who is preparing for competitive examination. It has further been

Patna High Court Cr.Misc. No.52746 of 2016 (2) dt.22-12-2016 2/2 submitted that if the petitioner will not be released on anticipatory bail, his life will be spoiled.

Heard the learned APP also opposes the prayer of bail. Having heard both sides and in view of the fact stated above, I am not inclined to grant bail to him. Let the petitioner surrenders before the court below and the court below shall consider this aspect of the matter that the informant is mother of four children, the petitioner is a young boy, who is preparing for the competitive examination and pass order preferably on the same day.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) ajaypd./- U T