Md. Suhail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17583 of 2017 Arising Out of PS.Case No. -270 Year- 2016 Thana -KHAJEKALLAN District- PATNA ====================================================== Md. Suhail Son of Fakhruddin, Resident of Chualal Ki Gali, Police StationKhajekalan, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khajekalan P.S. Case No. 270 of 2016 registered under Sections 363 and 366(A) of the Indian Penal Code, pending in the court of the S.D.J.M. Patna City.

The accusation is that on 17.10.2016, the minor daughter of the informant had gone to school, but she did not return. On search, informant came to know that her daughter was seen with this petitioner accompanied by 2 to 3 unknown. The informant alleged that his minor daughter has been enticed away by the petitioner.

Learned counsel for the petitioner submits that, in fact, there was love affair in between the petitioner and the

Patna High Court Cr.Misc. No.17583 of 2017 (4) dt.13-07-2017 2/2 daughter of the informant and she left her parental house according to her sweet will, but latter on, in the pressure of her parents she stated about her enticing away by this petitioner and committing rape upon her.

On the other hand, learned A.P.P. submits that petitioner committed rape upon the minor daughter of the informant and in medical examination, her age has been assessed in between 14 to 16 years.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T