Md. Imtiyaz Alam @ Imtiyaz v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41928 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -MAHILA P.S. District- ARRARIA ======================================================
1. Md. Imtiyaz Alam @ Imtiyaz S/o Late Hasib, R/o Vill.- Masuria Tola, Khikharmani Ward No. 6, Garki , P.S.- Jokihat, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bibi Najbin D/o Baharuddin, R/o Vill.- Rahazia, P.S.- Jokihat, DistrictAraria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioner is apprehending his arrest in connection with Araria Mahila P.S. Case No. 41/2017, registered for offences punishable under Sections 376, 313, 504/34 of the Indian Penal Code.
Allegation against the petitioner is that on the pretext of marriage, he committed rape upon the informant and when she became pregnant, the petitioner got her pregnancy miscarriaged and also threatened the informant.
Submission of learned counsel for the petitioner is that witnesses have not supported the prosecution case and the petitioner has been falsely implicated in this case. It has further been submitted that petitioner is married person and informant
Patna High Court Cr.Misc. No.41928 of 2018 (4) dt.07-08-2018 2/2 herself is a married woman and further the medical examination of the girl does not support the allegation.
Learned counsel for the State opposed the prayer for anticipatory bail of the petitioner by stating that the prosecutrix has named the petitioner in her statement recorded under Section 164 of Cr.P.C.
Having heard both sides, considering the facts and circumstances as well as the nature of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which will be considered on the merit of this case. (Vinod Kumar Sinha, J) sunil/Amjad/- U T