Patna High CourtCR. MISC./15609/2017rejected

Mahmud Alam v. State Of Bihar And ANR

2017-06-15Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15609 of 2017 Arising Out of PS.Case No. -288 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Mahmud Alam Son of Rahamtulla, Resident of Village-Shahpur Khurd, P.S.-Goraul, District-Vaishali, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Samina Khatoon, W/o Md. Jalil, Resident of Village-Shahpur Khurd, P.S.-Goraul (Kathara-OP), District-Vaishali.

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

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. Sri Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-06-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 288/2013, T.R. No. 5497/13 registered under Sections 376/511 of the Indian Penal Code.

Allegation in brief is that while the informant went to attend call of nature in bamboo cluster, all of a sudden the petitioner caught her and attempted to commit rape but on alarm raised her husbands reached there thereafter the accused fled away.

Learned counsel appearing on behalf of the petitioner submits that petitioner is next door neighbour of the informant and

Patna High Court Cr.Misc. No.15609 of 2017 (4) dt.15-06-2017 2/2 he had also lodged a case against husband of the informant. However, the matter has been compromised by filing compromise petition.

Having considered the said facts and circumstances and the fact that specific allegation is against the petitioner so his prayer of pre-arrest bail is rejected in connection with Complaint Case No. 288/2013, T.R. No. 5497/13 pending in the Court of learned Additional Chief Judicial Magistrate-II, Vaishali at Hajipur. However, the petitioner should surrender and seek regular bail and the same shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J.) veena/- U