Abdul Khan @ Md. Abdul Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.33575 of 2016 (02) dt.17-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33575 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Abdul Khan @ Md. Abdul Khan son of Jamal Khan resident of VillageKoimari, Police Station- Bahadurganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh-Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh-1-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner is the rapist.

It has been submitted on behalf of petitioner that there happens to be delay of seven months and on account thereof, prosecution case should not be accepted. Apart from this, it has also been submitted that one of the witnesses during course of investigation had stated that victim happens to be vagabond lady as well as is of questionable character. He has further stated that victim does not happen to be of sound mind. Only for the purpose of marriage, which the petitioner had refused, instant case has been filed levelling false and fabulous allegation. On the other hand, learned Additional Public

Patna High Court Cr.Misc. No.33575 of 2016 (02) dt.17-08-2016 Prosecutor opposed the prayer.

Rape was committed by the petitioner over the informant, who happens to be minor and that being so, I do not see it a fit case for grant of bail.

Accordingly, prayer for bail is rejected.

(Aditya Kumar Trivedi, J) Vikash/- U T