Md. Akmal @ Rahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21014 of 2024 Arising Out of PS. Case No.-641 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MD. AKMAL @ RAHIL S/o Md. Ainul Haque Resident of Village-Mirkaha, P.O. and P.S.-Mansahi, District-Katihar, Bihar-854103 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. The informant alleges that her daughter aged about 19 years was doing summer enternship at Muzaffarpur where she was staying also and on 01.07.2023 at 10:00 a.m. she had gone to collect her NBPDCL training certificate but went missing, thus, alleges that petitioner was instrumental in missing of her daughter thereafter it is alleged that informant informed her husband about the occurrence, hence, her husband went to

Patna High Court CR. MISC. No.21014 of 2024(4) dt.25-09-2024 2/3 the house of the petitioner to inquire when he was abused and assaulted by the brother (Md. Dulal) and father (Md. Julum) of the petitioner.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner and the victim were in love and the victim is a major and she on her own volition had accompanied the petitioner.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the order impugned, it would manifest that the statement of the victim was recorded under Section 164 Cr.P.C. wherein she has stated that petitioner had private photos and videos of her and on threat of making the video viral took her. Learned A.P.P. thus submits that no doubt from perusal of the statement of the victim recorded under Section 164 Cr.P.C. as recorded in the order impugned, it manifests that the petitioner and the victim were known to each other but then it appears that the victim has not supported the case of the prosecution rather has stated that petitioner taking advantage of the fact that he was having some photographs and videos of her based on which he threatened her to accompany him which amply demonstrates that petitioner

Patna High Court CR. MISC. No.21014 of 2024(4) dt.25-09-2024 3/3 taking advantage of the faith which the victim has reposed in him misutilized the same.

7. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Sadar P.S. Case No. 641 of 2023 pending in the Court of learned Chief Judicial Magistrate, Muzaffarpur, Bihar/successor Court.

8. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T