Md. Irshad @ Majhilka v. The State Of Bihar

Patna High Court Cr.Misc. No.36576 of 2014 (2) dt.11-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36576 of 2014 Arising Out of PS.Case No. -315 Year- 2013 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Md. Irshad @ Majhilka, Son of Md. Islam, resident of Village- Malti Sheikh Toli, Police Station- Ujiyarpur, District- Samastipur. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Zeyaul Hoda, Advocate. For the State : Mr. Raj Kishor Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner and learned counsel for the complainant as well as learned counsel for the State.

The petitioner apprehends his arrest in connection with Ujiarpur P.S. Case No. 315 of 2013 registered under Sections 376 and 302 of the Indian Penal Code.

It is alleged that victim herself stated that petitioner has done wrong act with her and from the order of the Sessions Judge, it is apparent that doctor reported about sexual assault and hymen ruptured fresh.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is hereby rejected. m.p.

(Gopal Prasad, J) U T