Md. Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26931 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAHILA P.S. District- ARRARIA ====================================================== Md. Saddam S/o- Md. Kalam, Resident of Village- Majgama, P.S. Jokihat (Mahalgaon), District- Araria.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Informant : Mr. Gopal Kumar Jha For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Araria (Mahila) P.S.Case No. 10 of 2017 registered for the offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape on the informant.
It has been submitted on behalf of the petitioner that informant is in habit of filing false case for extorting money and earlier also she has filed a case against father of the petitioner (Annexure-2). It has also been submitted that medical report does not support the allegation of rape and he is in custody since 10.3.2017.
Heard learned APP and learned counsel for the
Patna High Court Cr.Misc. No.26931 of 2017 (2) dt.12-07-2017 2/2 informant also. They have opposed the prayer for bail stating that there is direct allegation against the petitioner. Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.
However, petitioner may renew his prayer for bail after framing of charge in this case before the court below, who will consider the allegation as well as medical report and pass an appropriate order.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U