Md. Sajid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64900 of 2019 Arising Out of PS. Case No.-62 Year-2016 Thana- MAHILA P.S. District- Madhepura ====================================================== MD. SAJID S/O- Masleuddin @ Lallu Resident of Village- Chanda Kabir Tola, Ward No. 4, P.S.- Chousa, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Madhepura Mahila P.S.Case No.62 of 2016 registered for offences punishable under Sections 376,341, 323, 504, 506,379, 34 of the Indian Penal Code.

As per FIR, there is allegation against the petitioner of committing rape upon the informant.

Submission of the learned counsel for the petitioner is that there is delay of one month in lodging the FIR. She is major and consensual party.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is allegation of rape against the petitioner and moreover Section 82 of the Cr.P.C. has also been issued..

Patna High Court CR. MISC. No.64900 of 2019(3) dt.21-10-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available on the record without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T