Hakim Karim @ Md. Karim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71531 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- MAHILA P.S. District- Kishanganj ====================================================== Hakim Karim @ Md. Karim Son of Ajimuddin Resident of village Durgapur Barijan, P.S. Kochadhman, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2018 The petitioner seeks regular bail in connection with Mahila P.S. Case No. 59 of 2018, registered for offences punishable under Sections 376, 323, 504, 506 of the Indian Penal Code.

Allegation as per F.I.R. is that the informant along with her husband went to the petitioner, who is an Ojha, for treatment and the petitioner has committed rape upon the informant.

Submission of learned counsel for the petitioner is that the F.I.R. has not been lodged in Bahadurganj Police State, in which the place of occurrence is situated rather it has lodged at Mahila Police State and further the petitioner has been implicated in this case due to village politics and he is in judicial custody since 13.09.2018.

Patna High Court Cr.Misc. No.71531 of 2018(2) dt.10-12-2018 2/2 Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail of the petitioner stating that the girl in her statements recorded under Section 161 and 164 Cr.P.C. has supported the allegation of rape upon the petitioner.

Having heard both sides, in view of the above facts, I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Sunilkumar/ Amjad/- U T