Md Taukir Alam @ Taukir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31898 of 2024 Arising Out of PS. Case No.-3 Year-2022 Thana- COMPLAINT CASE District- Kishanganj ====================================================== Md Taukir Alam @ Taukir Alam S/o Goldar Alam @ Md Guldar R/o vill - Singhia Khaikhat, P.s. - Bahadurganj, Distt. - Kishanganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Khushbu Naz D/o Jubair Alam R/o vill - Baniadangi ward no. 06, P.S. - Dighalbank, Distt. - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ram Prawesh Kumar, Advocate For the State :
Mr. Anil Kumar Singh No. 1, APP For Opposite Party No.2 :
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsels for the parties.
2. Despite valid service of notice, no one appears on behalf of the complainant/Opposite Party No. 2.
3. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 323, 341, 354B, 376 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.
4. As per prosecution case, while the complainant was returning home after tying her goat, in the meanwhile, this petitioner came from behind and caught the complainant by force and committed rape.
5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.31898 of 2024(4) dt.20-08-2024 2/2 behalf of the petitioner that this case has been planted by the complainant only with a view to harass this petitioner. Petitioner was not present at the place of occurrence. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the complaint petition and there is specific accusation of committing rape against him.
7. Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T