Patna High CourtCR. MISC./42486/2017rejected

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

2017-09-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42486 of 2017 Arising Out of PS.Case No. -338 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Mansoor @ Mansoor Alam Son of Late Mahiuddin , R/o VillageHaseli Khutti, P.S.- K. Nagar (Sri Nagar), District- Purnea. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with K.Nagar (Sri Nagar) P.S. Case No.338 of 2017 (POCSO Case No. 55 of 2017), registered under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act, pending in the court of the Addl. Sessions Judge-cum-Special Judge, Purnia. The accusation is of committing rape by this petitioner with minor daughter of the informant aged about 11 years.

Submission is that petitioner and informant are next door neighbour and due to land dispute, petitioner has falsely been implicated in this case. Further submission is that Doctor has not found any sign of rape and petitioner is aged about 75

Patna High Court Cr.Misc. No.42486 of 2017 (2) dt.20-09-2017 2/2 years.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T