Md. Rahim @ Rahim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49141 of 2018 Arising Out of PS. Case No.-84 Year-2016 Thana- MAHILA P.S. District- Araria ====================================================== Md. Rahim @ Rahim, son of Hasibul @ Hasibur Rahman, Resident of Village - Siktia, P.S. - Jokihat, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Ramesh Kumar Singh For the Opposite Party/s :

Sri Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 31-10-2018 Heard Sri Ramesh Kumar Singh, learned counsel for the petitioner and Sri Ajay Kumar Jha, learned Additional Public Prosecutor.

The sole petitioner, who is in custody since 05.05.2018 in connection with Mahila (Araria) P.S. Case No. 84 of 2016 arising out of G.R. No. 3223 of 2016 registered for the offence under Section 376(D) of the Indian Penal Code, 1860, has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He submits that in the F.I.R. Md. Murgub was arrayed as one of the main accused. He submits that before lodging F.I.R. a Panchayati was held in which the main accused of the present case Md. Murgub had agreed to marry with the victim and

Patna High Court Cr.Misc. No.49141 of 2018(5) dt.31-10-2018 2/2 this was the reason that during investigation Police did not take any step to apprehend Md. Murgub and petitioner has been made accused. He further submits that in the case F.I.R. was lodged after five days from the date of occurrence. Learned counsel for the petitioner further has argued that during investigation father of the victim has stated before Police that in the present case his victim daughter will never participate. However after going through the material on record particularly the F.I.R. it is evident that it was case of gang rape and as such there is no reason to pass favourable order. The prayer for bail stands dismissed.

(Rakesh Kumar, J) praful/- U T