Intkhab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47550 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== INTKHAB ALAM S/o MD. GAFFAR R/o VILLAGE-BHAGAT TOLA, WARD No. 28, P.S-ARARIA, DISTRICT-ARARIA, BIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushlendra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria (Mahila) P.S. Case no. 01 of 2021 instituted for the offence punishable under Sections 376/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. As per allegation in the FIR, petitioner was in love with the informant and on pretext of marriage, he has developed physical relation with her, to which he denied later on. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Petitioner has never developed any love or relation with the informant. He has been falsely implicated in

Patna High Court CR. MISC. No.47550 of 2021(2) dt.24-03-2022 2/2 this case due to dirty village politics.

Learned APP appearing for the State has opposed the prayer of bail and submitted that in statement recorded under Section 164 Cr.P.C., informant has made direct allegation against the petitioner of making physical relation on the pretext of marriage. She has further alleged that petitioner and his family members have also threatened and assaulted to her and her parents. It is not a fit case for granting anticipatory bail to the petitioner.

Having heard learned counsel for the parties and considering that there is direct allegation against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U