Md. Soabur Rahman @ Soabur Rahmn @ Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14984 of 2015 Arising Out of PS.Case No. -456 Year- 2014 Thana -PURNEA SADAR District- PURNIA ====================================================== Md. Soabur Rahman @ Soabur Rahman @ Md. Sabir Son of Imazuddin Resident of Village - Kabiya Kamaldaha Maharajpur P.S. - Muffasil 'Sadar' Ranipatra, District - Purnea.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Yadav, Adv. For the Opposite Party/s : Mr. Md.Sufiyan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2015 Heard both sides.

The petitioner apprehends his arrest in Sadar P.S. Case no. 456 of 2014, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code. The prosecutrix made allegation that the petitioner firstly committed rape with her but agreed to marry with her, but later on the petitioner retracted from his commitment and refused to marry with the prosecutrix.

The submission is that the prosecutrix is a major girl. No offence under Section 376 of Indian Penal Code is made. Taking into consideration the facts that the prosecutrix herself stated that the petitioner firstly committed rape with her

Patna High Court Cr.Misc. No.14984 of 2015 (2) dt.12-05-2015 2/2 and thereafter agreed to marry with her, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi/- U T