Patna High CourtCR. MISC./73791/2023dismissed

Md. Israfil v. The State Of Bihar

2024-04-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73791 of 2023 Arising Out of PS. Case No.-355 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Md. Israfil S/O Md. Hasib Resident Of Village-Rampur South, Ward No. 12 Dhatta Tola, P.S Forbesganj, District-Araria. ... ... Petitioner/s

Versus

The State of Bihar 2.

Mr. X NA NA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Narayan Sharma, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Let the defect(s) as pointed out by the Stamp Reporter be removed in course of the day.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner is an accused in a case registered for an offence under Sections 376, 504 and 506/34 of the Indian Penal Code

4. As per allegation in the FIR, the daughter of the informant was working at the farm land of when the petitioner came and started to rape her and undressed her while wrapping her mouth with Dupatta so that she could not sought. When the aunt of the victim came, the petitioner ran away. The petitioner also threatened to kill her, if she discloses this incident to anyone.

Patna High Court CR. MISC. No.73791 of 2023(8) dt.20-04-2024 2/2

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He next submits that petitioner has got clean antecedent and he is in custody since 25.08.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. On perusal of the first information report and impugned order dated 04.10.2023, it appears that the petitioner committed rape upon the victim. On perusal of the case diary, various paragraphs of the case diary supported the case of the prosecution and aunt of the victim who is also an eye witness of the alleged occurrence and also a named witness of the FIR, is also fully supporting the case of the prosecution, so considering all aspects of the material, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T