Md. Rizwan @ Md. Rijwan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43224 of 2016 Arising Out of PS.Case No. -135 Year- 2014 Thana -AMARPUR District- BANKA ====================================================== Md. Rizwan @ Md. Rijwan Alam Son of Md. Jiywal Haque, Resident of Village - Lakhna, P.S. Kasba, District Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mr. Uday Chand Prasad, A PP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-10-2016 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 366A of the Indian Penal Code.

Taking into consideration the fact that the petitioner is specifically named in the F.I.R. vide Annexure-1 as an accused and also taking into consideration the fact that on her recovery, the alleged victim girl Roushan was examined under Section 164 Cr. P.C. wherein she has fully supported the prosecution version against the petitioner, which is evident from Annexure-2, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail.

Accordingly, the prayer for anticipatory bail made on behalf of the petitioner in connection with Amarpur P.S. Case No. 135 of 2014, pending in the court of the learned C.J.M., Banka, is hereby rejected.

However, if the petitioner surrenders in the court below within a period of six weeks from today and applies for regular

Patna High Court Cr.Misc. No.43224 of 2016 (2) dt.06-10-2016 2/2 bail, then the same shall be considered and decided on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) BTiwary/- U