Shahjad @ Sahjad @ Mulla @ Mohd Shahjad Alam Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14376 of 2018 Arising Out of PS.Case No. -280 Year- 2014 Thana -AMAUR District- PURNIA ====================================================== Shahjad @ Sahjad @ Mulla @ Mohd Shahjad Alam Sheikh, S/o Abdul Badut @ Abdul Wadud, R/o Village- Nahar Koll , P.S.- Amour , DistrictPurnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Amour P.S. Case No. 280 of 2014 instituted for the offence under Section 376 of the Indian Penal Code.

It is alleged in the written report that daughter of the informant is mentally sick and cannot speak properly. She became pregnant due to illegal act committed by the petitioner. The daughter of the informant indicated by gesture about illegal act committed by this petitioner. The girl has been medically examined. The doctor found her pregnant of 19 weeks six days. Learned counsel for the petitioner has submitted that there is land dispute between the parties. The petitioner has falsely been implicated in this case. It has further been submitted that

Patna High Court Cr.Misc. No.14376 of 2018 (4) dt.24-04-2018 2/2 petitioner is ready for DNA Test.

Case diary has been received.

Learned A.P.P. after perusing the case diary has submitted that Medical Report of daughter of the informant is available in the case diary which shows that the girl was pregnant of 19 weeks and 6 days. The informant has stated in the case diary that her daughter indicated by gesture of committing illegal act with her by this petitioner.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T