Ashfaque Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48933 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- TERHAGACHH District- Kishanganj ====================================================== ASHFAQUE ALAM S/O NAJAMUDDIN R/o village- Matiari, P.S.- Terhagachh, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 307, 379 & other allied sections of the Indian Penal Code.

As per the prosecution case, while the informant was alone at her house, this petitioner entered in her house and tried to commit rape upon her, and on her resistance, this petitioner attacked on her mercilessly hitting her private parts. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to land dispute between the parties. Petitioner is none else, but own mama (maternal uncle) of the victim / informant and informant is major and aged about 18 years. It is further submitted that the matter has been compromised and dispute has been amicably settled between the parties.

Patna High Court CR. MISC. No.48933 of 2021(2) dt.21-06-2022 2/2 However, considering the nature and gravity of the offence, which is non-compoundable, I am not inclined to extend the privilege of anticipatory bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T