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Patna High CourtCR. MISC./27709/2018dismissed

Md. Manzoor @ Md. Manzoor Alam v. The State Of Bihar

2018-05-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27709 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Md. Manzoor @ Md. Manzoor Alam S/o Md. Aslam Abbas, R/o Mohalla- Rajanpur, P.S.- Mahisi, Distt.- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 The petitioner is apprehending his arrest in connection with Maheshi P.S. Case No. 189/17, registered for offences punishable under 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape on the daughter of informant.

It has been submitted on behalf of the petitioner that in this case final form has been submitted as the allegation has not been found true by the police, however, the cognizance was taken by the magistrate and the reason behind the false implication of the petitioner is that elder brother of the petitioner had lodged a Sanha against the informant.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail. Learned counsel for

Patna High Court Cr.Misc. No.27709 of 2018 (2) dt.11-05-2018 2/2 the informant has submitted that in this case reinvestigation was held in which the daughter of informant was examined under Section 164 Cr.P.C and she has fully supported the fardbeyan and as such the charge-sheet was submitted.

Having heard both sides, considering the facts and circumstances of the case, nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly dismissed.

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