Patna High CourtCR. MISC./48663/2024bail rejected

Md. Rehan v. The State Of Bihar

2024-07-12Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48663 of 2024 Arising Out of PS. Case No.-94 Year-2022 Thana- KASBA District- Purnia ====================================================== Md. Rehan Son of Md. Mosin Resident of Village - Baraitha, P.S.- Kasba, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s:

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2024 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Kasba P.S. Case No. 94 of 2022 for the offence punishable under Sections 341, 323, 354, 354(B), 506/34 of the Indian Penal Code lodged on 30.03.2022 by the informant, Meena Khatoon.

3. As per the prosecution story, the allegation against the petitioner is that while Md. Istkhar was pushing the informant on the ground, Md. Rihan not only tried to outrage the modesty of the girl but also torn her clothes and tried to rape her. Upon her alarm when the other family members came whereafter, they left the place but not before threatening them.

4. Learned counsel for the petitioner tried to impress

Patna High Court CR. MISC. No.48663 of 2024(2) dt.12-07-2024 2/2 upon this Court that the petitioner was in relationship with the victim, is not a minor and do not have criminal antecedent.

5. Learned APP, Mr. Jitendra Kumar Singh on the other hand has pointed out that the anticipatory bail of the petitioner was rejected on 10.01.2023 (Annexure-1 to the petition) and as per the information to him, he subsequently preferred another anticipatory bail No. 60/2023 before the learned Sessions Judge in the month of November, 2023 which came to be rejected on 03.11.2023 after taking note of the fact that his anticipatory bail has been rejected by the Patna High Court and has delayed coming to judicial custody which would reflect from paragraph-4 that he is in custody since 22.05.2024.

6. The allegation that has come against the petitioner as also the development that took place after rejection of his anticipatory bail does not warrant extension of bail to the petitioner.

7. Accordingly, the present bail application stands rejected.

(Rajiv Roy, J) Adnan/- U T