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Patna High CourtCR. MISC./26835/2019dismissed

Md. Jamshed @ Jamshed Haider v. The State Of Bihar

2019-04-25Mr. Justice Vikash Jain1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26835 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Md. Jamshed @ Jamshed Haider, Age 29 years, Gender-Male, Son of Md. Murshid Alam, Resident of Village - Dehti, P.S.- Palasi, District- Araria ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur Mr. Shashank Shekhar, Mr. Arya Achint, Advocates For the Opposite Party :

Mr. Satyavrat Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 376(D)/34 of the Indian Penal Code registered in connection with Mahila P.S. Case No. 101 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is no material to corroborate the allegation that the informant's photos were made viral. It is submitted that there is delay of six days in instituting the first information report on 20.10.2018 for the alleged occurrence of 14.10.2018. The FIR has been lodged in the backdrop of the order dated 16.03.2010 passed in Case No. 07 of 2010 against the informant's side imposing fine (Annexure-2). The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. BT/- (Vikash Jain, J) U T