Dular Sai @ Md. Imteyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7516 of 2016 Arising Out of PS.Case No. -309 Year- 2012 Thana -PANCHRUKHI District- SIWAN ====================================================== Dular Sai @ Md. Imteyaz Son of Md. Kamaruddin Sai Resident of Village Makhanupur, Po & P.s Pachrukhi, district Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Pachrukhi P.S. Case No. 309 of 2012 for offence under sections 341, 376, 379 and 448 of the Indian Penal Code. An allegation has been made that in the midnight, the petitioner entered into the house of the Informant and committed rape upon her. When she raised alarm, the petitioner fled away. Different paragraphs of the case diary corroborate the statement of the victim. Learned counsel for the petitioner submits that the lady is of bad character and she has left her husband and was living in her Maika and presently she has fled away with another person. That submission which has been submitted by the

Patna High Court Cr.Misc. No.7516 of 2016 (4) dt.19-04-2016 learned counsel for the petitioner cannot give a premium to the petitioner to commit such a heinous crime.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Dular Sai @ Md. Imteyaz is rejected.

However, the petitioner will be at liberty to renew his prayer for bail after a period of six months from today. (Shivaji Pandey, J) Rishi/- U T