Patna High CourtCR. MISC./37749/2014rejected

Jamil Akhtar v. The State Of Bihar

2015-02-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37749 of 2014 Arising Out of PS.Case No. -41 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Jamil Akhtar son of Habiur Rahman .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Awdhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Supplementary affidavit is filed on behalf of the petitioner Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that the uncle of the informant had sold some land to the father of the petitioner in the year 1997 and after the execution of the sale deed the above stated lands has become bone of the contention in between family of petitioner as well as family of informant. It is further contended on behalf of the petitioner that medical report of the informant does not support the allegation of rape.

Patna High Court Cr.Misc. No.37749 of 2014 (3) dt.09-02-2015 2/2 Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to grant privilege of bail to the petitioner and accordingly, his prayer for bail in connection with Bahadurganj P.S. Case No.41 of 2014, pending in the court of Sri A.K.Singh Judicial Magistrate, 1st class, Kishanganj stands rejected.

However, the concerned court is directed to commit the case of the petitioner to the court of session in accordance with law as early as possible preferably within two weeks from the date of receipt / production of copy of this order. (Hemant Kumar Srivastava, J) Namita/- U