Md. Amir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44534 of 2024 Arising Out of PS. Case No.-55 Year-2022 Thana- MADHWAPUR District- Madhubani ====================================================== Md. Amir Son of Md. Sitarul R/O Vill.- Rampur Birit, P.S.- Madhwapur, Dist.- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sakila Khatoon Wife of Md Sabir R/O Vill.- Rampur Birit, P.S.- Madhwapur, Dist.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-07-2024 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Madhwapur P.S. Case No. 55 of 2022, F.I.R. dated 05.05.2022 for the offences punishable under Sections 448, 341, 323, 354, 363, 365, 366A, 376, 504, 506 and 34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. According to prosecution case, this petitioner along with other accused persons have assaulted the informant and her family members. It is further alleged that this petitioner with the held of his friend kidnapped the minor daughter of the informant and took her to Nepal where he committed rape upon her.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.44534 of 2024(2) dt.20-07-2024 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the allegation is supported by the statement of the victim recorded under Section 164 of the Cr.P.C. in which she has categorically stated that the petitioner has abducted her and apart from that the petitioner has also committed rape upon her in Nepal.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Madhwapur P.S. Case No. 55 of 2022 pending in the court of Additional Sessions Judge-VII-cum-Special Judge POCSO Court, Madhubani.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T