Kamil Alam @ Md. Kamil Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37090 of 2017 Arising Out of PS. Case No.-138 Year-2017 Thana- JOKIHAT District- Araria ====================================================== Kamil Alam @ Md. Kamil Alam Son of Azim Alam, R/o VillageParmanandpur, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra For the Opposite Party/s :

Mr. SRI IFTEKHAR MAHMOOD ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-10-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Jokihat P.S. Case No. 138 of 2017 registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Victim is aged about 18 years as she has deposed in her statement under section 164 Cr.P.C., however the informant has falsely mentioned her age to be 15 years. As a matter of fact, no kidnapping was done and the victim had gone to her Fua house on her own.

Learned Addl. P.P. appearing for the State submits that allegations levelled are specific against this petitioner. During investigation, witnesses have supported the prosecution case.

Patna High Court Cr.Misc. No.37090 of 2017(3) dt.04-10-2017 2/2 Learned Magistrate has assessed the age of the victim to be 16 years.

Considering the nature of allegations levelled and the submissions advanced on behalf of the parties, I do not feel inclined to grant the privilege of anticipatory bail to this petitioner. His prayer for anticipatory bail is, therefore, rejected. (Arvind Srivastava, J) mcv/- U T