Patna High CourtCR. MISC./47751/2024rejected

Md. Waris v. The State Of Bihar

2024-08-07Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47751 of 2024 Arising Out of PS. Case No.-824 Year-2023 Thana- AMARPUR District- Banka ====================================================== Md. Waris S/o Md. Anwar @ Md. Anand R/o vill - Douna, P.S. - Amarpur, Distt. - Banka ... ... Petitioner/s

Versus

The State of Bihar 2.

Bibi Jainab W/o Md. Asad R/o vill - Douna, P.S. - Amarpur, Distt. - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2024 Heard Mr. Brij Nandan Prasad, learned counsel for the petitioner and Mr. Pranav Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Amarpur P.S. Case No. 824 of 2023, F.I.R. dated 06.12.2023 registered for the offences punishable under Section 376of the Indian Penal Code.

3. Allegation against the petitioner is that he has committed rape upon the victim.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.47751 of 2024(2) dt.07-08-2024 2/2

5. Learned APP for the State, on the other hand, on the basis of material available on record vehemently opposed the prayer for bail and submits that it has come during investigation that a number of witnesses have supported the case of the prosecution and apart from that victim has also supported the case of the prosecution.

6. Considering the aforesaid facts that there is direct allegation against the petitioner that he has committed rape upon the victim, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Amarpur P.S. Case No. 824 of 2023 pending in the Court of Chief Judicial Magistrate, Banka.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T