Md. Jahur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44740 of 2016 Arising Out of PS.Case No. -187 Year- 2016 Thana -KORHA District- KATIHAR ====================================================== Md. Jahur S/o Late Md. Atwari R/o Village Musapur, Teentopara, P.S.- Korha, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Korha P.S. Case No.187 of 2016 for the offence registered under section 376 of the Indian Penal Code.

The allegation of rape is supported by the informant in her statement recorded under Section 164 of the Cr.P.C. Learned counsel for the petitioner submits that in medical examination, no sign of rape was found on the person of the informant but according to the prosecution case itself, the alleged occurrence took place on 8.8.2016 and the informant was medically examined on 10.8.2016, i.e., after two days of the alleged occurrence.

Patna High Court Cr.Misc. No.44740 of 2016 (2) dt.05-12-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Hence, his prayer for anticipatory bail in connection with Korha P.S. Case No.187 of 2016 pending in the court of C.J.M., Katihar stands rejected. However, the regular bail application of the petitioner shall be considered by competent court on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) N.H./- U T