Patna High CourtCR. MISC./81192/2024dismissed

Md.Rahbar @ Masoom @ Masoom Alam v. The State Of Bihar

2025-04-17Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81192 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- PALASI District- Araria ====================================================== Md.Rahbar @ Masoom @ Masoom Alam S/o- Md. Azim Village- Kujri ward no 8, Ps - Palasi Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Ziaul Quamar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2025 Heard Mr. Md Ziaul Quamar, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Palasi P.S. Case No. 161 of 2024, F.I.R. dated 03.05.2024 for the offences punishable under Sections 376, 448, 323, 504, 506 & 34 of the Indian Penal Code.

3. According to prosecution case, the petitioner physically assaulted the informant on the pretext of marriage.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not not committed any offences as alleged in the

Patna High Court CR. MISC. No.81192 of 2024(3) dt.17-04-2025 2/2 F.I.R.

5. The learned Additional Public Prosecutor on the basis of materials available on record of the case diary has vehemently opposed the prayer for bail and submits that the victim has categorically stated in her statement recorded under Section 164 Cr.P.C/183 of BNSS that the petitioner committed rape upon her due to which she became pregnant. The medical report of the victim suggest that she is seven months pregnant.

6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Palasi P.S. Case No. 161 of 2024 pending in the court of Chief Judicial Magistrate, Araria.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T