Md. Aziz @ Aziz Ahmed v. The State Of Bihar

Patna High Court Cr.Misc. No.51595 of 2016 (3) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51595 of 2016 Arising Out of PS.Case No. -187 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Md. Aziz @ Aziz Ahmed S/o Abdul Shakur, resident of village - Shankar Patti, P.S. Minapur, District - Muzaffarpur.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nand Kushore Pd. Sinha, Advocate Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Minapur P.S. Case No. 187 of 2016 registered for the offences punishable under Sections 376, 511 of the Indian Penal Code read with Section 8 of POCSO Act.

Allegedly, the petitioner tried to commit rape with the minor daughter of the informant and when he was caught he sought mercy and on 05.08.2016 there was panchayat to be held but the petitioner fled away.

Submission is of false implication and that the petitioner is aged about 72 years and he runs a grocery shop, there is dues of Rs. 2588/-, when the petitioner demanded the dues the informant got implicated the petitioner in a false case only with a view to

Patna High Court Cr.Misc. No.51595 of 2016 (3) dt.19-12-2016 grab the dues amount.

Learned APP opposes the prayer of bail by submitting that the victim girl in her statement recorded under Section 164 Cr.P.C. has supported the allegation.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to grant the petitioner privilege of pre-arrest bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T