Maulana Shamsul Haque @ Md. Shamsul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79302 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Maulana Shamsul Haque @ Md. Shamsul Haque Son of Asfaque Alam Resident of village - Bahichakutti, Purab Tola, P.S. - Kochadhaman, District - Kishanganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tarnnum Khanam Wife of Adil Ahmad Resident of village - Bahichakutti, ward No.13, Panchayat - Teghariya, P.S. - Kochadhaman, District - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar For the Opposite Party/s :
Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Kochadhaman P.S. Case No. 266 of 2023, registered for the offence punishable under Sections 354(A), 354(C), 504, 376/34 of the Indian Penal Code and sections 66A, 67(A), 67 of the I.T. Act.
3. The prosecution case in brief is that this petitioner committed rape with the victim and recorded video of the incident.
Patna High Court CR. MISC. No.79302 of 2024(3) dt.14-02-2025 2/2
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case with a view to extort money. In the entire F.I.R., there is no date mentioned as to when and at what time this petitioner had established physical relation with the informant. As a matter of fact, informant's husband has taken Rs. 20,000/- from the petitioner for which written argument was made and when the petitioner demanded lent money, this false and concocted case is lodged. Petitioner is in custody since 13.08.2024.
5. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation of rape as well as capturing the intimate photographs of the victim against this petitioner and victim in her statement recorded u/s 164 Cr.P.C. supports the prosecution case.
6. Considering the nature of accusation against this petitioner, this application is dismissed.
(Prabhat Kumar Singh, J) Ranjeet/- U T