Sarfaraz @ Md. Sarfaraz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56343 of 2019 Arising Out of PS. Case No.-653 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== SARFARAZ @ MD. SARFARAZ, Son of Badrul Haque Resident of Village - Dakchin Tola Salki , P.S.- and dist.- Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-09-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 653 of 2018, registered under Sections 376, 313, 201 and 120(B) of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Kishanganj.
The accusation is that petitioner, who is neighbour of the complainant/informant, came in the house of informant and on the point of knife he committed rape upon the informant and also prepared the video on mobile. Thereafter, petitioner used to harassed, sexually, to the informant in which she conceived pregnancy. When informant made complaint to the petitioner then petitioner took the complainant/informant at the
Patna High Court CR. MISC. No.56343 of 2019(2) dt.05-09-2019 2/2 house of his sister, where her pregnancy was aborted. While, Panchayati was arranged, but no fruitful result was come out. Learned counsel appearing on behalf of petitioner submits that, in fact, the present case has been lodged only to give undue pressure upon the petitioner, so that petitioner may agree to perform Nikah with the informant.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) manish/- U T