Nawazis Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8536 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Nawazis Imam S/o Md. Amin Resident of At-(Sarif) Jalalpur, P.S.-Lakri Nabiganj O.P. Basantpur, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Basantpur (Lakari Nabiganj) PS Case No. 364 of 2019 registered under Sections 366A and 504 IPC and Section 8 of Pocso Act.

The allegation levelled by the mother of the victim is that her daughter has been taken away by the petitioner with intent to marry. Allegation has been levelled to the extent that daughter of the informant was a minor.

Learned Counsel for the petitioner submits that the victim girl has been recovered and her statement has been recorded under Section 164 Cr.P.C., from which it is evident that she had gone on her own volition and there is no allegation of forcibly taking away the victim.

Learned APP has opposed the prayer. It is submitted that the allegations are in respect of a minor girl. The petitioner, even as per the statement of the victim, is the person who has enticed her to go with him and has also established physical relation with the minor.

Patna High Court CR. MISC. No.8536 of 2020(2) dt.03-03-2020 2/2 Considering the rival submissions this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. This application is dismissed.

(Madhuresh Prasad, J) SNkumar/- U T