Md. Mukhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10770 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- DAGARUA District- Purnia ====================================================== MD. MUKHTAR Son of Amir R/V- Toli Panchayat Toli, P.S-Dagarua DistPurnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 376, 379, 504, 506/34 of the Indian Penal Code.
Allegedly, petitioner is said to have allured the informant and established sexual relation with her on the pretext of marriage. He also took obscene photographs.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the victim was
Patna High Court CR. MISC. No.10770 of 2023(2) dt.25-04-2023 2/2 medically examined and as per the medical report, no sign of sexual assault was found. He further submits that the informant is mother of three children and she went with petitioner with her own sweet will. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case as well as the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.
However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) divyanshi/- U T