Md. Nizam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19665 of 2015 Arising Out of PS.Case No. -254 Year- 2011 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Md. Nizam. S/o Gulam Rasul. Resident of village - Delua, P.O.- Bajitpur, P.S.- Paroo, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Saida Khatoon. D/o Md. Latip. R/o Vill.- Bajitpur, P.S.- Paroo, District - Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 493 and 120 (B) of the I.P.C and section 3⁄4 of the Dowry Prohibition Act.

Allegedly, the petitioner on the pretext of solemnizing marriage forcibly established physical relation with the minor informant and later on demanded Rs. 3,00,000/- and refused to solemnize marriage.

Submission is of false implication and that the entire allegation made in the written application are false. The

Patna High Court Cr.Misc. No.19665 of 2015 (3) dt.25-06-2015 2/2 contradictory allegation is not believable and due to local dirty politics the petitioner has been implicated. Co-accused Gulam Rasul has been granted bail by this Court vide Cr. Misc. No. 27309 of 2012 and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes. Considering that the petitioner sexually assaulted the minor girl aged 17 years on the pretext of solemnizing marriage as such considering serious allegation this Court is not inclined to grant privilege of pre-arrest bail to the petitioner. Accordingly, his such prayer stands rejected in connection with Paroo P.S. Case No. 254 of 2011 pending in the court of S.D.J.M. (West), Muzaffarpur.

(Jitendra Mohan Sharma, J) Abhay/- U T