Shail @ Sahil Nasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16725 of 2024 Arising Out of PS. Case No.-937 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Shail @ Sahil Nasim Son of Nasimul Haque Resident of vill.-Siswa East, Ward No.11, P.S.-Banjariya, Distt.-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Rashmi Jha, Adv.
For the Opposite Party/s :
Mrs.Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
Petitioner is apprehending his arrest in connection with Turkauliya (Banjariya) P.S. Case No.937 of 2023, registered for the offence punishable u/s 366(A) of the IPC and 8 of the POCSO Act.
3.
Allegedly, the F.I.R. named accused persons including the petitioner are said to have kidnapped the daughter of the informant.
4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever
Patna High Court CR. MISC. No.16725 of 2024(3) dt.18-04-2024 2/2 taken place. There is an inordinate delay of 17 days in lodging the F.I.R. without giving any plausible explanation. There is no eye-witness to the alleged occurrence and only on allegation the petitioner has been made accused in this case. Petitioner has no criminal antecedent.
5.
Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the victim is still traceless.
6.
Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
7.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T