IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19469 of 2011
1.Md. Irshad @ Hakru, Son of Md. Moheed, Resident of Village Manzil
Mobarak, P.S. Kalyanpur, District Samastipur.
2.Md. Sitarey, Son of Md. Abulais, Resident of Village Shahpur Baghauni
Tola, Fazilpur, P.S. Waini, District Samastipur.
---------- Petitioners
Versus
The State Of Bihar.
-------- Opposite Party
-----------------
03/- 05.09.2011 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State, who is armed with carbon
copy of the case diary.
The two petitioners apprehend their arrest in connection
with a case registered for the offence punishable under Sections 376,
448, 341, 323, 379, 504 and 34 of the Indian Penal Code, are named
accused in this case with allegation of committed and continued gang
rape upon the informant resulting into her pregnancy, which could be
disclosed to her in laws, soon after the marriage, consequently
matrimonial relationship was dissolved. They further, in order to
disappear the pregnancy assaulted the informant.
Submission is that due to dispute relating to land etc.,
petitioners have been falsely implicated in this case and earlier the
victim disclosed the name of culprit as one Md. Naushad in a
Panchayati, but has changed the stand. Further, submission is that
petitioners are ready for D.N.A. test. Learned Additional Public
Prosecutor, who is armed with case diary, pointed out that earlier
statements of the victim stating the name of the petitioners and the
person instrumental in her pregnancy.
Considering the facts and circumstances of the case, the
two above named petitioners appears not entitled for the relief sought.
Hence, their prayer for anticipatory bail, in connection with Tajpur
(Waini) P.S. Case No. 10 of 2011, pending in the court of Chief
Judicial Magistrate, Samastipur, is hereby rejected.
Praveen/ ( Akhilesh Chandra, J.)