Rizwan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65322 of 2021 Arising Out of PS. Case No.-240 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== RIZWAN ALAM SHAMSHER ALAM R/o village- Moshar Shabda, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barachatti P.S. Case no. 240 of 2021 instituted for the offence punishable under Sections 341, 323, 379, 504, 506, 376, 511/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner has tried to outrage the modesty of the informant, who is minor girl of 16 years.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Prior to this occurrence, petitioner had filed an informatory petition in the Court of SDJM, Sherghati, Gaya as

Patna High Court CR. MISC. No.65322 of 2021(3) dt.23-08-2022 2/2 he has apprehension about his false implication in any case by the informant. Only with a view to put pressure of marriage upon the petitioner, the present case has been lodged by the informant.

Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl was got recorded under Section 164 Cr.P.C., wherein she has made direct allegation of rape against the petitioner. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the minor victim girl, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U