Patna High CourtCR. MISC./39137/2023dismissed

Nasir Mansoori @ Md. Nasiruddin v. The State Of Bihar

2023-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39137 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== Nasir Mansoori @ Md. Nasiruddin S/O Mumtaz Mansoori R/O VillageEkdandi, Ps. Parihar, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Parihar P.S. Case No. 367 of 2022 registered for the offences punishable under Section 376/34 of the Indian Penal Code and Section 4 of the POCSO Act, pending in the Court of learned A.D.J.-VI cu m Special Judge (POCSO Act), Sitamarhi.

3. Allegation against the petitioner is that he has committed rape upon the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submit that the Medical board opined age of the victim as 20 years and no

Patna High Court CR. MISC. No.39137 of 2023(3) dt.22-08-2023 2/2 definite opinion is given regarding sexual assault. The petitioner has got no criminal antecedent as mentioned in para3 of the bail application.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that the statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has supported the prosecution case. He further submits that the victim is minor, as her date of birth is 16.04.2006 in the School Certificate. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the fact that the victim is minor, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T