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Patna High CourtCR. MISC./31122/2017dismissed

Md. Javed v. The State Of Bihar

2017-08-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31122 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Md. Javed, son of Md. Shamim @ Md. Jubrail, resident of VillageMahua Punarwas, P.S.- Supaul, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-08-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Supaul Mahila P.S. Case No.15 of 2017 (POCSO Case No.02 of 2017) instituted for the offence under Section(s) 341, 376, 511, 504, 506, 120-B Indian Penal Code and Section 8 of the POCSO Act pending in the Court of the 1st Additional Sessions Judge, Supaul. As per written report, this petitioner took the informant in a field and after pushing her down attempted to commit rape with her and also tried to open the button of her jeans.

The victim girl in her statement under Section 164 Cr. P. C., which is available in para 21 of the case diary, has levelled specific allegation of overt act against the petitioner.

Patna High Court Cr.Misc. No.31122 of 2017 (3) dt.22-08-2017 2/2 In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T