Md. Rabban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53597 of 2024 Arising Out of PS. Case No.-368 Year-2023 Thana- BAISI District- Purnia ====================================================== Md. Rabban Son Of Abdul Karim R/O- Vilalge- Kakarwa, P.S.- Baisi, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Baisi P.S. Case No. 368 of 2023 registered for the offences punishable under Section 376/225 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have entered into the house of the informant and committed rape upon her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that from bare perusal of the complaint petition it shows that the alleged occurrence is of 05.11.2022 and the complaint petition was filed on 01.09.2023. The petitioner has no criminal

Patna High Court CR. MISC. No.53597 of 2024(2) dt.31-08-2024 2/2 antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T