Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6702 of 2016 Arising Out of PS.Case No. -27 Year- 2015 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Danish S/o - Nazim Akhtar R/o Village - Mahismara, P.S. - Paharkatta, District - Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate.

For the Opposite Party : Smt. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kishanganj Mahila P.S. Case No. 27 of 2015, registered for the offences punishable under Sections 341, 342, 323, 376, 504 and 509 of the Indian Penal Code.

Allegedly the petitioner forcibly committed rape with the informant when she has gone to attend the call of nature. Submission is of false implication and that occurrence is of 04.05.2015 but the first information report has been lodged on 12.05.2015 after much delay, the father of the petitioner filed Complaint Case No. 457C of 2015 against the informant and others, medical evidence also does not support the

Patna High Court Cr.Misc. No.6702 of 2016 (3) dt.08-04-2016 2/2 allegation of rape and as such the petitioner deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, I am not inclined to enlarge the petitioner above named on bail in connection with Kishanganj Mahila P.S. Case No. 27 of 2015, pending in the court of the Learned Sub-Divisional Judicial Magistrate, Kishanganj. Accordingly, his such prayer for bail stands rejected.

(Jitendra Mohan Sharma, J.) KKSINHA/- U T