Patna High CourtCR. MISC./63976/2019bail rejected

Md. Mintu @ Md. Ekrar @ Md. Ekrar Alam v. The State Of Bihar

2019-10-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63976 of 2019 Arising Out of PS. Case No.-275 Year-2019 Thana- KORHA District- Katihar ====================================================== MD. MINTU @ MD. EKRAR @ MD. EKRAR ALAM, aged about 25 years, Male, Son of Md. Israil, Resident of Sikkat, P.S.- Barari, District- Katihar ... Petitioner

Versus

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

For the Petitioner :

Mr. Ratnakar Ambastha, Adv.

For the Opposite Party :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Korha P.S. Case No. 275 of 2019, pending in the Court of the Chief Judicial Magistrate, Katihar, registered under Section 363,366 and 376 of the Indian Penal Code.

The accusation is that in the evening of 09.07.2019, informant was at the house of her father. At that time, the petitioner came on Scorpio jeep and seeing her alone took her in the Scorpio jeep and moved towards Musahri Basti and kept her in the house of his friend and used to commit rape. On 13.07.2019 at about 09.00 p.m. petitioner left her at Musapur Chowk.

Learned counsel appearing on behalf of the petitioner submits that in fact the petitioner and the father of the informant

Patna High Court CR. MISC. No.63976 of 2019(2) dt.18-10-2019 2/2 are co-villagers and next door neighbours and due to dirty village politics, father of the informant managed to lodge the present case and the informant also supported the prosecution case only to give pressure in her statement recorded under Section 164 of the Criminal Procedure Code.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

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