Md. Parvez @ Parvez v. The State Of Bihar

Patna High Court Cr.Misc. No.51456 of 2016 (3) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51456 of 2016 Arising Out of PS.Case No. -589 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== Md. Parvez @ Parvez S/o Md. Samsul @ Samsul, R/o Muhalla Gudari Mohalla, P.S. Forbesganj, District Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ambrish Rahul For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail, for the offence under Section 376 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case only due to pressure to keep the informant with him. It has also been pointed out that the complaint petition has been filed one month after the alleged occurrence.

The complainant disclosed in her statement under section 164 of the Code of Criminal Procedure that she was pregnant at that time.

Heard learned APP appearing for the State who opposed the prayer for anticipatory bail.

Patna High Court Cr.Misc. No.51456 of 2016 (3) dt.19-12-2016 Having heard both sides and in view of the specific allegation against the petitioner, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected. However, the petitioner is directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) A.I./- U T