Md Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21825 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- KASBA District- Purnia ====================================================== Md Sajjad S/o Late Makbul Nadaf R/o vill - Bareta, ward no. 4, P.S. - Kasba, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366, 366(A)/34 of the Indian Penal Code. It is a case of commission of kidnapping and rape to the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot nor anything has been recovered from his possession. The victim girl and one

Patna High Court CR. MISC. No.21825 of 2024(4) dt.21-06-2024 2/3 Md. Mujahidin were in love with each other and the victim went along with him on her own volition. The doctor has found the age of the victim between 18-20 years. The petitioner has no concern with the alleged occurrence and he has been implicated in this case only on the basis of suspicion. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the victim in her 164 Cr.P.C statement has also specifically alleged against the petitioner that he forcefully kidnapped and committed wrong against her. The victim is minor and during investigation, the witnesses have supported the case of the prosecution.

Considering the fact that thrust of accusation is against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.21825 of 2024(4) dt.21-06-2024 3/3 The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T