Md. Noor Nawi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28074 of 2018 Arising Out of PS.Case No. -178 Year- 2017 Thana -DHURAIYA District- BANKA ======================================================

1. Md. Noor Nawi S/o Late Rasool Qazi, R/o Vill.- Sathiyari, P.S.- Dhoriya, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 The petitioner is apprehending his arrest in connection with Dhoraiya P.S. Case No. 178 of 2017, registered for offences punishable under Sections 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner that he established sexual relationship with the informant, promising marriage but he did not marry the informant.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and the allegation has not been supported by the witnesses during the course of investigation.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.28074 of 2018 (2) dt.16-05-2018 2/2 circumstances of the case and the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly dismissed.

However, the petitioner, if so desires, may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case. (Vinod Kumar Sinha, J) sunil/- U T