Shekh Jawed @ Gudan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30116 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Shekh Jawed @ Gudan, Son of Zabir Khan, resident of Village Sarimpur, P.S. Buxar (I), District- Buxar.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with a case registered under Section 376(i) of the Indian Penal Code. Allegation in brief is that the petitioner was acquainted with her and one day kidnapped her school going children and assaulted her sexually giving threats to her. Learned counsel for the petitioner submits that the informant is a married lady and it was consensual sexual relationship.

However, the allegation is of committing rape to her and on showing resistance threatened by the petitioner. Having considered the said facts and circumstances, the prayer for bail of the petitioner, namely, Shekh Jawed @ Gudan is refused in connection with Buxar (I) P.S. Case No.19 of

Patna High Court Cr.Misc. No.30116 of 2017 (2) dt.07-07-2017 2/2 2017 pending in the court of Chief Judicial Magistrate, Buxar. However, if the petitioner surrenders and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Arun Kumar, J) N.H./- U T