Patna High CourtCR. MISC./27493/2018dismissed

Md. Nausad @ Naushad Alam v. State Of Bihar And ANR

2018-05-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27493 of 2018 Arising Out of PS.Case No. -2154 Year- 2017 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Md. Nausad @ Naushad Alam Son of late _Abdul Jalil, Resident of Village-Arjun Bhittha, P.S.-Rauta, District-Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rejwi Begum Wife of Tahmid @ Jamil, Resident of Village-Arjun Bhittha, P.S.-Rauta, District-Purnea.

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2018 The petitioner is apprehending his arrest in connection with Complaint Case No. 2154 of 2017, registered for offences punishable under Sections 376 of the Indian Penal Code. Allegation against the petitioner that he allured the complainant and took away Rs. 44,000/- and also committed rape on her.

It has been submitted on behalf of the petitioner that out and out false and concocted allegations have been levelled and in fact the petitioner's money was due to the complainant and when he went to demand the same, he has been made accused in this case. Further submission is that the petitioner has already lodged a complaint against the comoplainant.

Patna High Court Cr.Misc. No.27493 of 2018 (2) dt.10-05-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the fact that after enquiry a prima facie has been found under Section 376 of the IPC, as such, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly dismissed.

Petitioner, if so desire, may surrender before the court below and pray for regular bail and if any such application is filed the court below shall dispose of the same on the merit of the case, without being prejudiced by the order of this court. (Vinod Kumar Sinha, J) sunil/- U T