Md. Jamil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38861 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Jamil S/O Md. Faiyaz R/O Village - Belhi, P.S.- Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376, 354A, 504, 323 and 506/34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

Allegedly, it is a case of sexual assault and outraging the modesty as well as criminal intimidation to the victim by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case and petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail of the petitioner and submitted that

Patna High Court CR. MISC. No.38861 of 2022(3) dt.12-12-2022 2/2 victim is a minor girl and there is direct allegation of sexual assault upon the victim by the petitioner several times due to which she became pregnant. The victim herself lodged this case and supported her statement recorded under Section 164 of the Cr.P.C. wherein she asserted that the petitioner assaulted upon the victim.

After considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory of the petitioner is rejected. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T