Anwar Khan @ Anaw Kha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2253 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Anwar Khan @ Anaw Kha Son of Yusuf Khan resident of Village Jaideo Patti Parari, P.S. - Ghanshyampur, District - Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in a case instituted under Sections 147, 148, 323, 379, 380, 354(B), 376, 511, 498(A), 427 and 504 of the Indian Penal Code. The allegation against the petitioner is of making attempt to commit rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No specific motive has been alleged against the petitioner. The petitioner is the nephew of the victim. The complaint case has been filed after 11 days of the alleged occurrence. The delay has

Patna High Court Cr.Misc. No.2253 of 2018 (2) dt.17-01-2018 2/2 not been explained by the prosecution. The petitioner is separate in mess and property from the husband of the victim. The alleged complaint has been filed due to property dispute. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. The victim is a widow. On the inducement made by the petitioner, she had left her house and the petitioner had made an attempt to commit rape upon her. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Mahila Madhubani P.S. Case No.71/2017, pending in the court of learned S.D.J.M., Madhubani. Any how if the petitioner surrenders in the court below, the same shall be considered on its own merit without being prejudiced by this order and same shall be disposed of preferably on the same day.

(Sudhir Singh, J) Amit/- U T