Md. Konain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3903 of 2017 Arising Out of PS.Case No. -109 Year- 2014 Thana -JALALGARH District- PURNIA ====================================================== Md. Konain Son of Md. Habib, resident of village-Bathana P.S. - Jalalgarh, District- Purnea.

.... .... 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. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Jalalgarh P.S. Case No. 109 of 2014 registered for the offences punishable under sections 354(B)/376/511 of the Indian Penal Code.

Allegedly the petitioner tried to commit rape with the informant twice and in Panchayati, the petitioner did not turn up. Submission is of false implication and that due to enmity and village politics the petitioner has been implicated in a false and concocted case. As a matter of fact, the husband of the complainant was cutting paddy crops stealthily and for that, Panchayati was held and the husband of the complainant was

Patna High Court Cr.Misc. No.3903 of 2017 (2) dt.16-02-2017 punished and thereafter, the husband of the complainant died and then, the complainant has lodged this false case. The learned A.P.P. duly assisted by the counsel for the informant opposed the prayer of bail by submitting that earlier occurrence cannot be clubbed with the present occurrence and in this occurrence, after investigation, the case has been found true and as such, the petitioner does not deserve pre-arrest bail. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) Mahesh/- U T