Md. Kadir @ Md. Kadir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1837 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Md. Kadir @ Md. Kadir Alam S/o Md. Saidul @ Md. Saidul Rahman, R/o village Dhobi Bhitta, P.S. Kurlikot, District Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raju Giri For the State : Mr. Jai Narain Thakur, APP For the informant : Mr. Utsav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State and also the informant. The petitioner seeks bail in a case for the offences punishable under sections 341, 342, 323, 376, 506, 509/34 of the I.P.C.

Allegedly, the petitioner at the point of knife committed rape with the informant on 20.2.2016 also and earlier to three months ago also he has committed rape with her. In village, a Panchayaty was held but the accused did not turn up then the said case has been lodged.

Submission is of false implication and that due to previous enmity, the petitioner has been implicated in this case. The prosecution story appears not reliable and as such, the

Patna High Court Cr.Misc. No.1837 of 2017 (2) dt.25-01-2017 2/2 petitioner who is suffering in custody since 15.10.2016 deserves sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposed the prayer of bail by submitting that the petitioner has committed heinous crime.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to release the petitioner on bail. Accordingly, such prayer stands rejected.

(Jitendra Mohan Sharma, J) A.I./- U