Patna High CourtCR. MISC./15529/2018dismissed

Md. Iliyas v. The State Of Bihar

2018-04-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15529 of 2018 Arising Out of PS. Case No.-258 Year-2017 Thana- LAUKAHA District- Madhubani ====================================================== Md. Iliyas, Son of Md. Taslim @ Taslim Mansuri, Md Salim, Resident of Village- Bandarjhuli, P.S.- Laukaha, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No. 13 For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Laukaha P.S. Case No. 258 of 2017, G.R. No. 1600 of 2017, instituted for the offence under Sections 341,323,376,147 of the IPC. In the written report, it is alleged that this petitioner committed illegal act with informant after taking her towards Bandh when she had gone for call of nature. The statement of victim girl recorded under Section 164 Cr.P.C., is annexed as Annexure-2, wherein, she has levelled specific allegation against this petitioner of committing rape with her. Learned counsel for petitioner has submitted that medical examination has been done, wherein, doctor has found no sign of rape. Doctor has assessed her age as 18 years.

Patna High Court Cr.Misc. No.15529 of 2018(2) dt.24-04-2018 2/2 There is direct allegation against the petitioner in the written report and statement of victim girl recorded under Section 164 Cr.P.C. of committing illegal act with her. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T