Ataur Rahman @ Khaja v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.48894 of 2015 (2) dt.09-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48894 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -BAUNSI District- ARRARIA ======================================================

1. Ataur Rahman @ Khaja Son of Md. Farooque, R/o Naya Tola, Mirzapur, P.S. - Bausi, Distrit - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shama Perween, Daughter of Md. Azim, resident of village - Nayatola, Mirzapur, P.S. Bousi, District - Araria.

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Pushpa Sinha(App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that the informant Shama Parween in fact did not allege any rape before her cousin brother Khursheed who in fact persuaded her to lodge a false case against him. He further submits that the victim girl in her affidavit before the Court has not alleged the case of rape against the petitioner.

In view of nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. If the petitioner surrender and pray for regular bail, the

Patna High Court Cr.Misc. No.48894 of 2015 (2) dt.09-11-2015 same would be disposed of on the same day without prejudice and also taking into consideration the submissions made by the petitioner before this Court.

(Samarendra Pratap Singh, J) KHAN/- U