Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27433 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== MD. ALAM S/o Late Md. Sajrul R/o village- Gangapur, P.S.- Mushari, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Bipin Chandra For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 07 of 2022 registered under Section 376/493 of the I.P.C.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Both the parties are co-villagers. Further he submits that petitioner has no criminal antecedent. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the first information report. There is direct allegation of physical relation with the informant on the pretext of marrying her. The witnesses have also supported the

Patna High Court CR. MISC. No.27433 of 2022(5) dt.01-02-2023 2/2 prosecution case. Hence, the petitioner does not deserve to be enlarged on anticipatory bail.

Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected.

shailendra/- (Arvind Srivastava, J) U T