Md. Laddu @ Nayeemuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10394 of 2023 Arising Out of PS. Case No.-43 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== MD. LADDU @ NAYEEMUDDIN S/o Md. Yakub @ Yakub R/o villageSatbita, P.S.- Joki Hat, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 376, 420, 506 of I.P.C. As per the prosecution case, when informant had gone for nature call in the meantime this petitioner caught her and committed rape with her and also threatened her not to reveal this ordeal to anyone. Later all she conceived and gave birth to a male child on 23.06.2022.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The FIR has been lodged after lapse of 10 month and birth of the male child and there is no explanation for the dealy. It is

Patna High Court CR. MISC. No.10394 of 2023(2) dt.27-04-2023 2/2 next submitted that victim is major.

However, learned counsel for the State opposes the prayer for bail and submits that the victim in her 164 Cr.P.C statement stated that this petitioner had committed rape with her and during the occurrence, as per the date of birth, the victim was of 16 to 18 years.

Considering the 164 Cr.P.C statement of the victim and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Kaushik/- U T