Md. Injamul @ Md. Injamul Haque @ Midin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76158 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- MAHILA P.S. District- Araria ====================================================== Md. Injamul @ Md. Injamul Haque @ Midin S/o- Akbar @ Akbar Ali Resident of village-Bhaluwa Amahra Ward no 05, Ps- Forbesganj DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Mahila P.S. Case No. 38 of 2023 lodged on 19.09.2023, for the offences punishable under Sections 341, 323, 376, 506, 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner. It has been alleged in the FIR that petitioner has committed rape with the informant's daughter.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is

Patna High Court CR. MISC. No.76158 of 2024(3) dt.29-01-2025 2/2 clean. Counsel further submits that the present case is false and concocted and the petitioner deserves anticipatory bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is allegation against the present petitioner of rape with informant's daughter.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 4 weeks from today. In case, the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day considering the statement under section 164 of the Cr.P.C. without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T