Md. Jahid @ Jahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16899 of 2017 Arising Out of PS.Case No. -32 Year- 2004 Thana -BALRAMPUR District- KATIHAR ======================================================
1. MD. JAHID @ JAHID, son of Zamshid @ Jamshed, Resident of VillageH.No.210, Village- Sihagawn, P.O.- Telata, P.S.- Balrampur, DistrictKatihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 The petitioner is in custody since 28.01.2017 in connection with S.T. No. 29/17 arising out of Balrampur P.S. Case No. 32 of 2004, registered for offences punishable under Sections 376 of the Indian Penal Code.
Allegation against the petitioner is of commission of rape on informant.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Further the story of rape is not found substantiated with the fact that doctor on examination has found no sign of rape or any injury. Petitioner has no criminal antecedent and has been in judicial custody since 28.01.2017. Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact that there is
Patna High Court Cr.Misc. No.16899 of 2017 (3) dt.11-04-2017 2/2 direct allegation against the petitioner of commission of rape on informant as stated by the prosecutrix herself, as such, I am not inclined to grant the petitioner the privilege of regular bail, it is accordingly rejected.
(Vinod Kumar Sinha, J) sunil/- U T