Patna High CourtCR. MISC./48095/2015rejected

Samare Alam @ Naaz Babu v. The State Of Bihar

2016-02-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48095 of 2015 Arising Out of PS.Case No. -138 Year- 2015 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Samare Alam @ Naaz Babu S/o Shamsul Hoda, Resident of VillageTamora Sirsia, Police Station- Hasanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 376 of the I.P.C Allegedly, the petitioner developed physical relationship with the informant after giving assurance to marry with her and thereafter the petitioner refused to marry with her and again the petitioner tried to commit rape with her forcibly but due to alarm being raised by the informant the petitioner was caught by the villager.

Submission is of false implication and that admittedly there was love affair between the petitioner and the informant, the victim girl is major which is evident from the medical report, no

Patna High Court Cr.Misc. No.48095 of 2015 (5) dt.15-02-2016 2/2 offence of rape is made out as both developed physical relationship with their consent and as such the petitioner who is suffering in custody since 03.07.2015 deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the consent obtained by false promise is vitiated and it comes under the purview of rape.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Khodabandpur P.S. Case No. 138 of 2015 pending in the court of C.J.M. Begusarai.

However, the trial court is directed to expedite the trial and to conclude the same preferably within four months. (Jitendra Mohan Sharma, J) Abhay/- U T