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.
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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
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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.)