Abdul Quaim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29445 of 2021 Arising Out of PS. Case No.-188 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== ABDUL QUAIM Son of Md. Idris Resident of Village - Shankarpur, Police Station - Meharma, District - Godda (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in Kahalgaon P.S. Case No. 188/2019 registered under Sections 366A, 272 of the Indian Penal Code and 8 of POCSO Act.

The prosecution allegation, in short, is that the daughter of the informant left the house and later did not return. The informant suspects that her daughter might have been abducted by the accused persons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.29445 of 2021(3) dt.17-05-2022 2/2 the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner is not named in the F.I.R.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The name of the petitioner transpired in course of investigation. The victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has categorically stated that this petitioner had taken her to Kota where she was forced to get married with one Vishal with the help of one Manisha Madam.

Considering the same, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. However, if the petitioner surrenders in the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T