Md. Shahid @ Md. Shahid Alam @ Md. Shahid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48765 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== MD. SHAHID @ MD. SHAHID ALAM @ MD. SHAHID ANSARI S/O MD. AKHTAR ANSARI Resident of village- Dumra, P.S.- Rudrapur, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Anju Mishra For the Opposite Party/s :

Mrs. Anita Kumari Mr. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 420/ 376 of the Indian Penal Code.

As per the prosecution case, this petitioner on the pretext of marriage committed rape upon the victim. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that there is delay of 24 days in lodging the FIR without any explanation. In the medical examination no sign of sexual assault was found on the victim. Petitioner has got clean antecedent.

Learned counsel appearing for the State and the

Patna High Court CR. MISC. No.48765 of 2022(9) dt.12-05-2023 2/2 informant opposed the prayer for anticipatory bail and submitted that the victim in her statement u/s 164 of the Cr.P.C. fully supported the prosecution case. In the medical report age of the victim has been assessed to be 17 years. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on pre arrest bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T