Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34382 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -BHAWANIPUR District- PURNIA ====================================================== Md. Azad S/o Late Md. Abbas Resident of Village Madhonagar, Police Station Bhawanipur, District Purnia.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi, Adv. For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2015 Heard both sides.

The petitioner apprehends his arrest in Bhawanipur P.S. Case no. 62/2015, registered for the offences punishable under Sections 376, 417 of the Indian Penal Code. The victim alleged that when she went to attend the call of nature, the petitioner forcibly committed rape with her, but the prosecutrix did not raise alarm.

It is submitted that the petitioner assured her to marry but later on refused to marry with the victim. It is further submitted that the victim is a married lady and she has got illicit relation with the petitioner. The victim has also stated this fact.

It appears that the prosecutrix as well as family

Patna High Court Cr.Misc. No.34382 of 2015 (3) dt.16-10-2015 2/2 members and other witnesses have stated that the petitioner had got illicit relation with the prosecutrix. When the victim asked the petitioner to marry, the petitioner refused and thereafter the case has been lodged.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T