Patna High CourtCR. MISC./20641/2018rejected

Md. Mujammil v. The State Of Bihar

2018-04-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20641 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Md. Mujammil, Son of Safik, resident of Village- Parlabari, P.O.- Chowki Haripur, P.S.- Chowki, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Baisi P.S.Case no.137 of 2017 dated 2.7.2017 registered for offences punishable under Sections 376, 323 & 506/34 of the Indian Penal Code.

Allegation against the petitioner is of subjecting to intercourse with the informant on the assurance that he will marry her but he is not marrying her and in Panchayati also he has assaulted the Panch.

Submission of the learned counsel for the petitioner is that earlier petitioner's side had filed a case against the informant and others under Section 364, 365 and 120(B) of the IPC for keeping the boy and in order to save the skin, this false and concocted case

Patna High Court Cr.Misc. No.20641 of 2018 (2) dt.26-04-2018 2/2 has been lodged.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of the anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T