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Patna High CourtCR. MISC./76662/2018dismissed

Md. Farid @ Mohammad Farid v. The State Of Bihar

2019-02-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76662 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Md. Farid @ Mohammad Farid S/o Md. Ajmal, Resident of Village- Bangra Banshidhar P.O. and P.S. Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Manoj For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 376, 506/34 IPC and Section 4/6 of the POCSO Act registered in connection with Mahila P.S.Case No. 41 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, there is love affair between the petitioner and the victim girl. There is delay in instituting the FIR on 01.08.2018 for the alleged occurrence of 23.07.2018. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appearing suo motu oppose the anticipatory bail petition submitting that there is specific accusation of rape on the informant's daughter. Learned counsel for the informant further submits that the victim girl has supported the accusation in her deposition recorded under Section 164 Cr.P.C. stating her age to be 17 years.

5.. Having regard to the nature of accusations and

Patna High Court Cr.Misc. No.76662 of 2018(2) dt.07-02-2019 2/2 gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.

Chandran/- (Vikash Jain, J) U T