Patna High CourtCR. MISC./72134/2022bail rejected

Md. Khalid @ Khalid Anwar v. The State Of Bihar

2023-04-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72134 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- ANGARH District- Purnia ====================================================== MD. KHALID @ KHALID ANWAR SON OF MD. KHALIL @ KHALILUR RAHMAN R/O VILL.- CHAINPUR, P.S.- ANGARH, DISTT.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Najeeb Ahmad, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 376, 504, 506 and 34 of I.P.C.

As per the prosecution case, while the informant was sleeping with her children, this petitioner entered her room and committed rape on her. It is further alleged that in Panchayati, the accused persons assaulted her husband and brother-in-law (Bhaisur) causing them injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the FIR has been lodged after the delay of 3 days and there is no explanation about it. Injuries

Patna High Court CR. MISC. No.72134 of 2022(5) dt.18-04-2023 2/2 sustained by the husband and Bhaisur of informant are found to be simple in nature. There is counter case of alleged occurrence filed by the brother of the petitioner being Angarh P.S. Case no. 27 of 2022 registered under sections 341, 323, 325, 379, 504, 506 and 34 of I.P.C. wherein husband and Bhaisur of informant were made accused.

Learned counsel for the State opposes the prayer for bail and he submits that the victim in her 164 Cr.P.C statement has categorically made allegation against the petitioner that petitioner entered her room and forcibly committed rape with her.

Considering the 164 Cr.P.C statement of the victim, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T