Manzoor Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6467 of 2015 Arising Out of PS.Case No. -1 Year- 2012 Thana -BALRAMPUR District- KATIHAR ====================================================== Manzoor Ali Son of Muslim Ali R/o village- Hakim Nagar, P/S. Balrmapur, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Balrampur P.S. Case No. 01/2012, disclosing offences under section 376 of the Indian penal Code.

The petitioner is the father of the prosecutrix. It is submitted on behalf of the petitioner that the police had investigated the case and found the allegation to be false in the report submitted under section 173 of the Code of Criminal Procedure. Learned Judicial Magistrate has, however, differed with the police report and has taken cognizance and this is how the petitioner apprehends his arrest.

Considering the gravity of the offence, I do not find this

Patna High Court Cr.Misc. No.6467 of 2015 (5) dt.08-03-2016 case to be fit one, in which the petitioner can be granted privilege of anticipatory bail.

This application is, accordingly, rejected.

The petitioner is directed to appear before the court below within four weeks from today and seek regular bail, if so advised. If he does so, learned court below shall consider the regular bail application of the petitioner on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) Surendra/- U