Tanvir Khan @ Md. Tanvir Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14232 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== TANVIR KHAN @ MD. TANVIR NADAF Son of Mohd. Jabir Resident of Village- Barvi Phulwaria, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376 of the Indian Penal Code and section 4 of the POCSO Act .

As per the prosecution case, on the false assurance of marriage this petitioner continued establishing physical relation with the petitioner as a result of which she gave birth to a child. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the physical relation relation was consensual. There is delay of nine months in lodging of the FIR and there is no explanation of delay. Petitioner claims clean antecedent.

Learned counsel for the State opposes the prayer for bail. He submits that the girl is minor and she has supported the

Patna High Court CR. MISC. No.14232 of 2023(3) dt.22-06-2023 2/2 prosecution case in her section 164 Cr.P.C. statement. Considering the nature and gravity of allegation and section 164 Cr.P.C. statement of the victim, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) shashi/- U T