Md. Nawab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1743 of 2016 Arising Out of PS.Case No. -10 Year- 2015 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Md. Nawab Son of Md. Ayub Resident of Village- Hakpara Ward No. 14 P.S. Saharsa, Dist- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376, 323, 471, 504, 506/34 of the Indian Penal Code. The prosecution case is that the petitioner being neighbour of the informant allured her and provide one Chocolate which she eaten and became unconscious, thereafter she found herself at Delhi in a room of sister of accused where the petitioner established physical relationship with her.

It is submitted by the learned counsel for the petitioner that the petitioner and informant both are married persons and in the last portion of 164 Cr.P.C. statement the informant has stated that she herself wanted to stay with the

Patna High Court Cr.Misc. No.1743 of 2016 (2) dt.14-01-2016 petitioner. Moreover, the victim claims to be 21 years of age. Inconsistency in 164 Cr.P.C. statement of the victim may constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Saharsa Mahila P.S. Case No. 10 of 2015, pending in the court of learned Chief Judicial Magistrate, Saharsa.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T