Md. Toukir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34290 of 2024 Arising Out of PS. Case No.-191 Year-2023 Thana- JALALGARH District- Purnia ====================================================== Md. Toukir Son Of Sheikh Tamijuddin Resident Of Village - Bharocha, P.S. - Kasba, District - Purnia ... ... Petitioner/S

Versus

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

For the Petitioner/s :

MR. N.K. Agrawal, Sr. Advocate Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned senior counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Jalalgarh P.S. Case No.191 of 2023, registered for the offence punishable u/s 376, 120B of IPC.

3.

As per prosecution case, on 27.07.2023, at about 10:00 pm petitioner committed rape upon the informant. 4.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case. Occurrence took place on 27.07.2023 but complaint case has been filed on 03.10.2023 i.e after delay of three months without giving any plausible explanation. It is also submitted that after

Patna High Court CR. MISC. No.34290 of 2024(2) dt.19-11-2024 2/2 institution of the complaint, later present FIR has been lodged under Section 156(3) of the Cr.P.C. No prima facie case has been made out against the petitioner. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and the serious nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) priyanka/- U T