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Patna High CourtCR. MISC./22581/2022allowed

Ajmal @ Md. Ajmal v. The State Of Bihar

2022-08-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22581 of 2022 Arising Out of PS. Case No.-13 Year-2018 Thana- AMAUR District- Purnia ====================================================== Ajmal @ Md. Ajmal Son Of Islam R/O Village- Ranga Mati, P.S.- Amour, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Amour P.S. Case No.13 of 2018, registered for the offences punishable under Sections 323, 341, 313, 376, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have committed rape with the daughter of the informant on the pretext of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that earlier the informant had filed complaint case before the learned court below and the said complaint case was

Patna High Court CR. MISC. No.22581 of 2022(2) dt.30-08-2022 2/2 dismissed. Thereafter the informant has lodged the present FIR against the petitioner. It is further submitted that after investigation, the police submitted final form exonerating the petitioner, but the learned court below took cognizance against the petitioner after differing with the final form. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Court (POCSO), Purnea in connection with Amour P.S. Case No.13 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T