Ahsan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14093 of 2020 Arising Out of PS. Case No.-195 Year-2017 Thana- HATHUA District- Gopalganj ====================================================== AHSAN KHAN Son of Md. Manan Khan Resident of Village - Domahatta Hathua, P.S.- Hathua, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Hathua P.S. Case No. 195 of 2017 for the offence registered under Sections 341, 323, 506, 509, 354(B)/34 of the Indian Penal Code and Section 12 of the POCSO Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted that the injuries are found to be simple in nature, as contained in Annexure-2. It is further submitted that the victim girl, in her deposition, has not supported the prosecution case and not named the petitioner, as contained in Annexure-3. It is further submitted that similarly situated co-accused, namely, Rehan Khan @ Rejan Khan has

Patna High Court CR. MISC. No.14093 of 2020(2) dt.08-07-2020 2/2 been granted anticipatory bail vide order dated 17.12.2019 passed in Cr. Misc. No. 66458 of 2019, as contained in Annexure-4. It is further submitted that the petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing personal bail bonds to the satisfaction of Additional District Judge 1st, Gopalganj in connection with Hathua P.S. Case No. 195 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Jagdish/- U