IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20167 of 2011
Md. Rakib
Versus
The State Of Bihar
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3 24-08-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Petitioner is in jail custody since 07.03.2011 in a
case registered under sections-376, 504/34 of the Indian
Penal Code on the allegation that he committed rape upon the
informant of the present case.
The contention of learned counsel for the petitioner
is that Medical Report of the informant does not support the
allegation which is Annexure-3 to this petition. It is further
contended by him that as a matter of fact, on the alleged date
of occurrence, the family members of the informant attacked
the house of the petitioner and not only assaulted the
petitioner and his other family members but also committed
theft of belongings of the petitioner and his other family
members for which the petitioner filed Complaint case bearing
Complaint Case No. 121 C of 2011 in which, the court after
due inquiry, has found prima facie case true under sections-
323, 379 of the Indian Penal Code.
Regard being had to the facts and circumstances of
the case as well as submission of the parties; I am not inclined
to release the petitioner on bail. Accordingly, his prayer for bail
2
in connection with Palasi P.S. Case No. 10 of 2011 pending in
the court of Chief Judicial Magistrate, Araria stands rejected at
least, at this stage.
AKV/- ( Hemant Kumar Srivastava,J.)