Md. Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76929 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- RUPAULI District- Purnia ====================================================== Md. Dilshad son of Md. Ibrahim, Resident of village Bela Prasadi, Police Station Rupauli, District Purnea ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vikramdeo Singh, Mr. Md. Hussain, Advocates For the State :

Mr. J.K. Singh, APP For the Informant :

Mr. Kumar Manglam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act registered in connection with Rupauli P.S. Case No. 137 of 2018 and Special POCSO No. 110 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, parents of the informant wanted to get her married to the petitioner and the present case has been filed when the petitioner's side rejected such proposal.

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition. He refers to paragraph 18 of the case diary containing the statement of the victim girl recorded under Section 164 of the Cr.P.C. in which she has made accusation against the petitioner supporting the prosecution story. The age of the victim girl has been assessed at 15-16 years by the Medical Board.

Patna High Court CR. MISC. No.76929 of 2018(3) dt.29-03-2019 2/2

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. BT/- (Vikash Jain, J) U T