Moulana Mofil @ Md. Mofil Hussain v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52731 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Moulana Mofil @ Md. Mofil Hussain, S/o- Nizamuddin, Resident of Village- Singhia Thathol, P.S.- Dagrua, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Jannati Khatoon, D/o- Abdul Mobin, Resident of Village- Singhia Thathol, P.S.- Dagrua, District- Purnea.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== 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 Complaint Case No. 56 of 2016 instituted for the offences punishable under Sections 376, 323, 504 and 506 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that a complaint case against the petitioner has been filed by the complainant for committing rape of the informant as the petitioner raped her and she became pregnant. It has further been submitted that there is nothing on record to show the alleged incident and there is no medical evidence on record
Patna High Court Cr.Misc. No.52731 of 2016 (2) dt.22-12-2016 2/2 either commission of rape or her pregnancy.
The learned APP also has controverted the aforesaid facts.
Having heard both sides, in view of the facts stated above, let the petitioner surrenders before the court below and the court below shall verify the medical report regarding commission of rape or her pregnancy and considering this aspect of the matter, learned court below shall dispose of the bail application on the same day.
With above observation, this application is dismissed. (Vinod Kumar Sinha, J) ajaypd./- U T