Manjar Alam @ Md Manzar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54264 of 2023 Arising Out of PS. Case No.-1250 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MANJAR ALAM @ MD MANZAR S/O LATE IKRAM @ IKRAMUDIN R/O VILLAGE- DIMIA, P.O- GAIRA, P.S- JALALGARH, DISTT.- PURNIA.

... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Asma Khatoon @ Aasma khatoon D/o- Gasul Resident of village- Lagan Bhamra P.s- Kasba Dist- Purnia.

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

For the Petitioner/s :

Mr. Md. Ziaul Quamar For the Opposite Party/s :

Mr. Arun Kumar Singh Mr. Md. Fazle Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No.1250 of 2022, registered for the offence punishable under Sections 323, 504, 506, 376, 34 of the IPC.

3. The allegation against the petitioner is that he along with other co-accused persons committed rape with the complainant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.54264 of 2023(4) dt.11-01-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail by submitting that there is direct and specific allegation against the petitioner to commit rape with the complainant.

6. Having regard to the facts and circumstances of the case as well as considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T