Shahid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12896 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -SIKTI District- ARRARIA ====================================================== Shahid Alam, Son of Md. Jameel @ Jameel Akhtar, Resident of VillageRampur, P.S. Tedhagachh, District- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Sikty P.S.Case No. 228 of 2017 registered for the offences punishable under Sections 366 and 354A of the Indian Penal Code. Allegation against the petitioner is of kidnapping the prosecutrix and committing rape upon her.

Submission of learned counsel for the petitioner is that falsity of the case will appear from the fact that the case has been lodged after one month of the occurrence and earlier there was talk of marriage between the informant and the petitioner but petitioner has refused and for that the present case has been lodged. Further submission is that the informant is a married lady. Heard learned APP also.

Patna High Court Cr.Misc. No.12896 of 2018 (2) dt.04-04-2018 2/2 Having heard both sides and in the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected.

However, petitioner should surrender and pray for regular bail which shall be considered on the basis of the submission, as stated above.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U