Md. Yaqub @ Yaqub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38559 of 2016 Arising out of P.S. Case No. - 106 Year - 2015 Thana - JALALGARH District - PURNIA ====================================================== Md. Yaqub @ Yaqub, Son of Anisur Rahman, Resident of village - Dimiya, P.S. Jalalgarh, District Purnia .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Ziaul Quamar, Advocate For the Opposite Party : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 17-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 366A read with Section 34 of the Indian Penal Code registered in connection with Jalalgarh P.S. Case No. 106 of 2015.

3. It is submitted that the petitioner has been falsely implicated as the version of the informant's sister before Mahila Police Station, Purnea and her statement recorded under Section 164 Cr.P.C. are at variance. There is considerable delay in instituting the first information report on 09.08.2015 for the alleged occurrence of 28.06.2015. Petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged as well as deposition of the victim girl where she has specifically named the petitioner along with other accused persons as having committed the offence, this Court is not inclined to grant anticipatory bail to the petitioner. Bail petition stands dismissed. Kundan/BT (Vikash Jain, J) U T