Saddam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10421 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- MAHILA P.S. District- Siwan ====================================================== SADDAM KHAN S/O- MUMTAZ KHAN RESIDENT OF VILLAGE MIRZAPUR, P.S. RAGHUNATHPUR, DISTRICT- SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Arbind Kumar, Advocate For the State :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376 and 448 of the Indian Penal Code.

3. As per prosecution case, on 15.05.2023 at about 5:30 PM, this petitioner forcibly entered the house of the informant, tore her clothes and committed rape.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case due to land dispute. It is further submitted that F.I.R. has been lodged after delay of 15 days, without any explanation for the same. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.10421 of 2024(3) dt.11-07-2024 2/2 opposed the prayer for grant of anticipatory bail to the petitioner and submitted that this petitioner is named in the F.I.R. and there is specific accusation of rape against him. It is further submitted that during course of investigation, several witnesses have supported the prosecution case.

6. Considering the aforesaid facts and circumstances, nature of accusation and the evidence that has surfaced during course of investigation, the prayer for grant of anticipatory bail to the petitioner is rejected.

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