Md. Muzaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39862 of 2014 Arising out of P. S. Case No. -1348 Year - 2013 Thana - PURNIA COMPLAINT CASE District - PURNIA ====================================================== Md. Muzaffar, Son of Zahiruddin, Resident of village - Dagaruwa, P.S. - Dagaruwa, District - Purnea .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nadimul Hasan, Advocate For the Opposite Party : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 21-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of anticipatory bail in a case under Sections 376 and 452 of the Indian Penal Code. There is specific allegation is that on 13.05.2013 at 6:00 P.M. while the complainant was alone she was raped by the petitioner.

Learned counsel for the petitioner submits that there is delay in lodging the First Information Report. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner in connection with C. A. Case No. 1348 of 2013 pending in the Court of Chief Judicial Magistrate, Purnia. The prayer of bail is rejected.

Patna High Court Cr.Misc. No.39862 of 2014 (2) dt.21-04-2015 However, if the petitioner surrenders and prays for regular bail then it may be considered on its own merit without being prejudiced by this order.

Kundan (Gopal Prasad, J) U T