Salman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57015 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== Salman, Aged about 26 years, Male, Son of Tabrez, Resident of Village Balua Jagir (Kaliyaganj), P.S. Terhagachh, District Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2019 Heard both sides.

The petitioner apprehends his arrest in Terhagachh P.S. Case No.24 of 2019, registered under Sections 366 and 363 of the Indian Penal Code.

The informant alleged that when he had gone to the house of his relatives, the petitioner came and took his wife along with his two children.

The learned counsel for the petitioner submits that the victim made her statement under Section 164 Cr.P.C. and she disclosed that her husband and other in laws subjected her to physical torture due to non-fulfillment of demand of dowry but it appears that at the same time the victim alleged that the petitioner took her to Ahmedabad and committed rape with her. Of course the victim is mother of five children but the victim

Patna High Court CR. MISC. No.57015 of 2019(2) dt.16-09-2019 2/2 made allegation that the petitioner committed rape with her. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T