Patna High CourtCR. MISC./46914/2019bail rejected

Md. Kalam v. The State Of Bihar

2019-07-30Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46914 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== MD. KALAM, Son of Md. Tahir Resident of Village - Jayantipur Dath, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bahera P.S. Case No. 335 of 2018, registered under Sections 341, 323, 504 and 376 of the Indian Penal Code, pending in the court of the learned Addl. Chief Judicial Magistrate, Benipur (Darbhanga).

The accusation is that in the morning of 24.06.2018, informant went in the orchard situated near the house of petitioner, in the meantime, petitioner came and caught hold the informant and forcibly committed rape upon the informant. Thereafter, informant sent the message to her husband, who used to reside outside for livelihood, later on, her husband came and a Panchayati was convened, but petitioner

Patna High Court CR. MISC. No.46914 of 2019(2) dt.30-07-2019 2/2 refused to obey the decision of the punches.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T