Md. Nazim @ Md. Nazim Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51134 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -AWADPUR District- KATIHAR ====================================================== Md. Nazim @ Md. Nazim Hussain, Son of Md. Arzaque Hussain, resident of village - Maltipur, P.S. Abadpur, District - Katihar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 384, 376/34 of the Indian Penal Code. Allegation against petitioner is to have established physical relationship with daughter of informant on the pretext of marriage.

It is submitted on behalf of petitioner that he has falsely been implicated in the present case. There is no allegation of tampering of witnesses against him. Petitioner denies the allegation made in the F.I.R.

On behalf of the State, it is submitted that petitioner is named in the F.I.R. There is specific allegation of commission of rape against petitioner. The victim has become pregnant. The rape was committed on the pretext of getting married with the victim.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, same is rejected.

Any how, if petitioner surrenders in the court below, i.e.,

Patna High Court Cr.Misc. No.51134 of 2016 (2) dt.29-11-2016 2/2 Judicial Magistrate, Ist Class, Katihar, in connection with Abadpur P. S. case no. 66 of 2016 within a period of six weeks and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) sudip/- U T