Md. Aashifi @ Md. Ashif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79866 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Aashifi @ Md. Ashif, Son of Md. Rizwan, Resident of Village - Gonoun, P.S. - Ghanshyampur, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Mahila (Ghanshyampur) P.S. Case No.17 of 2019/C.R.I. No.525 of 2019 registered for the offences punishable under Section 376 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. Learned counsel submits that the entire allegations are false and no such occurrence has ever taken place.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.79866 of 2019(3) dt.16-12-2019 2/2 that there is direct allegation of commission of rape against the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner. This application is dismissed. In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T