Patna High CourtCR. MISC./82624/2023dismissed

Tarikh Nur v. The State Of Bihar

2024-01-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82624 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Tarikh Nur Son of Musiuzzama R/o vill - Harna Bozurg, P.S. - Rajoun, Distt. - Banka at present r/o Mohalla - New Azimabad Colony, Sector A, P.S. - Bahadurpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankit Raj, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bahadurpur P.S. Case No. 250 of 2023, registered for the offences punishable under Section 376 of the Indian Penal Code.

3. As per the prosecution case, there is specific and direct allegation against the petitioner that he raped the informant.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence as alleged in the F.I.R. and has been falsely implicated due to land dispute between the husband of informant and the petitioner. He

Patna High Court CR. MISC. No.82624 of 2023(2) dt.11-01-2024 2/2 further submits that there is an inordinate delay in lodging the F.I.R. Petitioner has no criminal antecedent and he is in jail custody since 11.07.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner and submits that after investigation, the police found the case to be true and submitted chargesheet against the petitioner under Section 376 of the Indian Penal Code.

6. Considering the facts and circumstances of the case and the submissions on behalf of the parties and that there is allegation of committing rape by the petitioner with the informant, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Bahadurpur P.S. Case No. 250 of 2023.

7. Learned Court below is directed to expedite the trial of this case.

(Sunil Dutta Mishra, J) ritik/- U T