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Patna High CourtCR. MISC./56671/2019rejected

Md. Farid @ Situ v. The State Of Bihar

2019-09-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56671 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== MD. FARID @ SITU Son of Md. Mustak Resident of Kaliganj, Kathotia, P.SManihari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari Mr. Dhirendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-09-2019 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No.36 of 2019 registered under Sections 376, 442 and 506 of the Indian Penal Code.

The victim alleged that while she was sleeping in her house, the petitioner having armed with sickle entered into her house and committed rape with her. She further alleged that petitioner on the threat of her life used to commit rape with her only because her husband had gone out of station to earn his livelihood.

The learned counsel for the petitioner submits that petitioner and victim filed an affidavit stating that the case is compromised. Now the dispute has already been settled but

Patna High Court CR. MISC. No.56671 of 2019(2) dt.13-09-2019 2/2 taking into consideration the fact and nature of allegation made against the petitioner that the petitioner finding the victim all alone in the house committed rape with her, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T