Patna High CourtCR. MISC./11865/2018dismissed

Md. Antaul @ Md. Antarul v. The State Of Bihar

2018-04-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11865 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -PRANPUR District- KATIHAR ======================================================

1. Md. Antaul @ Md. Antarul, S/o- Md. Jilur Rahman, R/o- Singal Tola, P.S.- Kadwa, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Pranpur P.S.Cae NO.143 of 2017 registered for offences punishable under Sections 347, 366(A), 370, 370(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Allegation against the petitioner is of abducting the victim girl and forcibly committing rape upon her due to which she became pregnant and having a child also.

Submission of the learned counsel for the petitioner is that on 26.2017 the petitioner has filed a petition for restitution of the conjugal right and thereafter the present case has been filed and the petitioner is still ready to keep her.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.11865 of 2018 (3) dt.23-04-2018 2/2 complainant, who has opposed the prayer for bail of the petitioner.

Having heard both sides and in view of statement of the girl under Section 164 Cr.P.C. kept as Annexure 2, I am not inclined to grant privilege of the anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T