Patna High CourtCR. MISC./29065/2023dismissed

Shabban @ Md Shabban v. The State Of Bihar

2023-05-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29065 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- MAHILA PS District- Khagaria ====================================================== SHABBAN @ MD SHABBAN Son of Late Md. Shamim R/V- Jalkaura, PSKhagaria (Gangaur O.P) Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application for grant of regular bail arise out of Mahila P.S. Case No. 03 of 2023 registered for the offence punishable under Sections 376, 323, 504, 506 of the Indian Penal Code.

The prosecution story in short is that the mother of informant went to Ranchi for treatment of her son and at that time informant demanded money from petitioner and on the promise of giving money petitioner took informant in a room and committed rape on her and also threatened her to kill if she disclosed the incident to anyone. When the mother of informant came, the informant disclosed the whole incident to her mother then the mother of informant took her to doctor and after

Patna High Court CR. MISC. No.29065 of 2023(2) dt.24-05-2023 2/2 examining, the doctor found that she had become pregnant. Thereafter, the informant and her mother went at the house of petitioner, the petitioner abused and assaulted them and also threatened to kill them.

The informant in her statement recorded under Section 164 Cr.P.C has stated that the petitioner has committed rape on her and also impregnated her.

In view of the aforesaid facts, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Sandeep Kumar, J) Harsh/ U T