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Patna High CourtCR. MISC./49534/2014dismissed

Md. Tarik Anwar v. State Of Bihar And ANR

2017-10-16Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49534 of 2014 Arising Out of PS.Case No. -93 Year- 2012 Thana -RAFIGANJ District- AURANGABAD =========================================================== Md. Tarik Anwar, S/o Md. Gayasuddin, Resident of Village - Madarpur, P.S. - Rafiganj, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Jainab Khatoon, D/o Md. Ashik, Resident of Village - Madarpur, P.S.- Rafiganj, District - Aurangabad.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party no.1: Mr. Yogendra Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the petitioner and learned APP representing the State.

Perused the impugned order. The learned Additional Sessions Judge-IV, Aurangabad has rejected the petition dated 25.11.2013 under Section 227 Cr.P.C. filed on behalf of the petitioner. Learned counsel for the petitioner submits that no case under Section 376 of the Indian Penal Code at least would be made out from the materials on record.

This Court has perused the materials available on the record before this Court and the impugned order passed by the learned court below. It has been mentioned by the learned court below in the

Patna High Court Cr.Misc. No.49534 of 2014 dt.13-10-2017 impugned order that the witnesses examined under Section 161 Cr.P.C., statement of victim under Section 164 Cr.P.C. and the medical examination of the victim are supporting the prosecution and, therefore, there are sufficient grounds to proceed against the accused petitioner.

No illegality or infirmity could be found with the impugned order. The application is dismissed. (Rajeev Ranjan Prasad, J) Arvind/- AFR/NAFR CAV DATE Uploading Date 17.10.2017 Transmission Date 17.10.2017