Md. Mojjafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57719 of 2015 Arising Out of PS.Case No. -189 Year- 2015 Thana -AJAMNAGAR District- KATIHAR ====================================================== Md. Mojjafar Son of Late Sikander R/o Village Siktiya Baria, P.S.Azamnagar, District Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Musowir, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner, learned counsel for complainant / informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Azamnagar P.S.Case No. 189 of 2015 registered for the offences punishable under Sections 341, 323, 376, 120(B) of the Indian Panel Code.

Case diary in the present case was called for which has since been received.

Learned Counsel for the petitioner submits that no case under Section 376 is made out as the girl herself willingly succumbed to having physical relations with the petitioner. Learned counsel appearing on behalf of the informant

Patna High Court Cr.Misc. No.57719 of 2015 (3) dt.16-02-2016 2/2 submits that inducement / allurement for having physical relations comes within the ambit of Section 376 of the Indian Panel Code. Considering the facts and circumstances of the case and also the materials available in the case diary, I am not inclined to grant anticipatory bail to the petitioner.

It is, accordingly, rejected.

(Anjana Mishra, J.) ajaypd./- U T