Amerul @ Khairku v. The State Of Bihar

Patna High Court Cr.Misc. No.55828 of 2015 (3) dt.19-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55828 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -MAHILA P.S. DistrictKISANGANJ ====================================================== Amerul @ Khairku, son of Quasim, resident of Village- Doria, P.S. Rangeli, Dist- Morande (Nepal). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 19-01-2016 Petitioner apprehends arrest in a case under sections 376, 201 and 323 of the Indian Penal Code.

The petitioner submits that as per Medical report, dated 22.6.2015, there is no evidence of recent sexual assault on the victim.

Counsel for the State points out that as per allegation, the victim was subjected to rape on 12.3.2015 and also thereafter on the pretext of marriage. She has also supported factum of rape in her 164 Cr.P.C. statement.

Prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be disposed of on its own merit without prejudice. Shashi.

(Samarendra Pratap Singh, J) U T