Md. Mahfooj Naddaf @ Md. Mahfooz @ Md Mahfooj Naaddaf v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63165 of 2017 Arising Out of PS.Case No. -794 Year- 2015 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Md. Mahfooj Naddaf @ Md. Mahfooz @ Md Mahfooj Naaddaf .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.794 of 2015 (Tr. No.574 of 2017) registered for offences punishable under Section 354 of the Indian Penal Code.

Allegation against the petitioner is that is of thrashing the complainant on the ground and committing rape upon her. Submission of the learned counsel for the petitioner is that in this case cognizance has been taken under Section 354 of the IPC and as a matter of fact the father of the petitioner had given friendly loan of Rs.25,000/- to the husband of the complaint and now he is not interested to pay back the money and for this a false and concocted case has been lodged .

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.63165 of 2017 (3) dt.23-04-2018 2/2 complainant.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant 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.

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