Mumtaz @ Md. Mumtaz v. The State Of Bihar

Patna High Court Cr.Misc. No.54303 of 2016 (3) dt.27-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54303 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ====================================================== Mumtaz @ Md. Mumtaz, S/o Md. Afaque @ Mangan, Resident of VillageChilhaniya, P.S Mahalgaon, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate. For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Araria Mahila P.S. Case No. 30 of 2015 registered under Section 376 of the Indian Penal Code, pending in the court of SubDivisional Judicial Magistrate, Araria. The accusation is of committing rape by this petitioner at the informant when she was alone in her house. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four

Patna High Court Cr.Misc. No.54303 of 2016 (3) dt.27-01-2017 weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T