Arshad Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.52089 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52089 of 2016 Arising Out of PS.Case No. -145 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Arshad Alam Son of Mahtabuddin Resident of Talbari Samesar, Police Station Bahadurganj in the district of Kishanganj. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Raj Kumar, Adv. For the Opposite Party : Mr. Sri Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner prays for anticipatory bail in connection with Bahadurganj P.S. case no. 145 of 2015 registered for the offences punishable under Sections 363, 372 of the Indian Penal Code.

The allegation is that petitioner along with others took away the victim and tried to commit rape on her. Heard learned APP also.

Having heard both sides and considering that there is direct allegation of rape against the petitioner, I am not inclined to grant anticipatory bail to the petitioner, accordingly the same is rejected. However, petitioner is directed to surrender before the

Patna High Court Cr.Misc. No.52089 of 2016 (2) dt.21-12-2016 court below and make prayer for regular bail and the court below, after considering the submissions of the petitioner, will pass appropriate order on its own merit without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J.) rinkee/- U T