High Court Patna High Court - Orders

Hanif Sheikh @ Hanif vs State Of Bihar on 22 June, 2010

Patna High Court – Orders
Hanif Sheikh @ Hanif vs State Of Bihar on 22 June, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.19863 of 2010
                               HANIF SHEIKH @ HANIF, S/O Late
                          Nek Mohammad, R/O Vill. Inarwa, P.S.
                          Mainatand, Distt. West Champaran
                                          ..................Petitioner
                                      Versus
                          STATE OF BIHAR       .....................O.P.
                                   -----------

For the Petitioner: Mr. Umesh Chandra Verma, Advocate.
For the State : Mr. Chandra Sen Pd. Singh, A.P.P.

2. 22.06.2010 Heard the parties.

The petitioner apprehends his arrest in a

complaint case in which cognizance has been taken under

Section 376/511 of the Indian Penal Code. According to

Complaint petition the petitioner is sole accused and the

allegation against him is very serious and specific for

committing the crime in question. Complainant claims to be

a minor girl, aged about 15 years.

It is submitted that after filing of the present

complaint case vide Annexure-1, subsequently another

criminal case was lodged by the complainant for offence

under Section 376 of Indian Penal Code but in that case final

report as false vide Annexure-3 was submitted.

Learned counsel for the State has strongly

opposed the prayer for anticipatory bail.

In view of the nature of allegation against the
2

petitioner and in view of the fact, the complainant is a minor

girl, aged about 15 years, the prayer for anticipatory bail

made on behalf of the petitioner is rejected. The petitioner

must surrender within a period of four weeks from today in

the court below in connection with Trial No. 2800 of 2010

arising out of Complaint Case No. 1670-C of 2008 pending in

the court of Judicial Magistrate, Bettiah, West Champaran

and seek regular bail if so advised, which shall be considered

and disposed of on its own merit without being prejudice by

the present order.

Praveen                                 (Birendra Prasad Verma,J.)