Md. Belal Md. Bilal Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64056 of 2019 Arising Out of PS. Case No.-43 Year-2014 Thana- MAHILA P.S. District- Madhepura ====================================================== 1.

MD. BELAL MD. BILAL AHMAD Son of Haji Md. Taslim @ Haji Taslim Resident of Village - Paina, P.S.- Chousa, Dist.- Madhepura. 2.

Aasma Khatoon Wife of Md. Belal @ Md. Bilal Ahmad Resident of Village - Paina, P.S.- Chousa, Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Madhepura Mahila P.S. Case No. 43 of 2014 registered for the offences punishable under Sections 376 and 120B of the Indian Penal Code.

As per FIR there is allegation that petitioners have induced one lady and made her physical relationship with coaccused Md. Nasar and implicate the local Mukhiya in this case. Submission of learned counsel for the petitioners is that whole case is false and concocted and co-accused Md. Nasar has been granted anticipatory bail by co-ordinate Bench of this Court which will appear from Annexure-4 and so far petitioner No.2 is concerned, she is lady.

Patna High Court CR. MISC. No.64056 of 2019(3) dt.18-10-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that even in her statement recorded under Section 164 Cr.P.C. the victim girl has supported the prosecution case and made allegation against those two petitioners.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners but considering the fact that petitioner No.2 is a lady, she is directed to surrender and on surrender she shall be released on bail by the court below to its own satisfaction. So far petitioner No.1 is concerned, he should surrender and pray for regular bail.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T