{"text": "Patna High Court rejected an application for anticipatory bail filed by Moti Shamshad Alam in a case under Sections 376, 420, and 313 IPC, noting the gravity of the offence and the victim's recorded statement."}
Anticipatory bail is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28671 of 2021
Arising Out of PS. Case No.-87 Year-2020 Thana- MAHILA P.S. District- Madhubani
======================================================
MOTI @ SHAMSHAD ALAM Son of Harun Resident of Village- Raiwari, P.S.- Jhanjharpur (O.P.), Araria Sangram, District- Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Miss Kusum Rani For the Opposite Party/s : Mrs. Anita Kumari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
6 18-07-2022
Heard learned counsel for the petitioner and the State.
Petitioner apprehends his arrest in a case registered for the offence punishable under Section 376, 420, 313 of the Indian Penal Code.
As per the prosecution case, this petitioner on the pretext of marriage established physical relation with the victim and when she became pregnant he denied to marry her.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner has got clean antecedent.
Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that victim in her statement u/s 164 of the Cr. P. C. has categorically stated that this petitioner on the pretext of marriage established physical
Patna High Court CR. MISC. No.28671 of 2021(6) dt.18-07-2022 2/2
relation with her.
Considering the nature of accusation, gravity of the offence and the statement of victim recorded u/s 164 of the Cr. P.C., I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving offences under Sections 376, 420, and 313 IPC considering the gravity of accusation and victim statement.
2 provisions across 2 enactments
Moti @ Shamshad Alam
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
