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Patna High CourtCR. MISC./16851/2019dismissed

Md. Akharoo Zama Khan @ Akharoo Zama Khan v. The State Of Bihar

2019-06-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16851 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== MD. AKHAROO ZAMA KHAN @ AKHAROO ZAMA KHAN Son of Late Dr. Makabul Khan @ Dr. Makhool Khan Resident of Mohalla- Chandra Vihar Colony, 90 Feet Road, Police Station- Rajeev Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mishra For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-06-2019 This application, for grant of anticipatory bail, arises out of Mahila P.S. Case No. 112 of 2018, disclosing offences under Sections 376/34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

Allegation against the petitioner is of committing rape upon his own daughter.

Submission of learned counsel for the petitioner is that falsity of the case will appear from the fact that the allegation has been levelled against the petitioner and his sons of committing rape on the informant, which is not probable . Heard learned A.P.P. also.

Having heard both sides, in view of the allegation, I am not inclined to grant the privilege of anticipatory bail to the

Patna High Court CR. MISC. No.16851 of 2019(4) dt.24-06-2019 2/2 petitioner rather he may surrender and make prayer for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T