Md. Jawed @ Md. Jawed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47393 of 2023 Arising Out of PS. Case No.-92 Year-2022 Thana- MAHILA P.S. District- Samastipur ====================================================== MD. JAWED @ MD. JAWED ALAM SON OF MD. KYCHAMMUDIN @ AKLU @ MD. KIYAMUDDIN RESIDENT OF VILLAGE- MALDAH, PSHASANPUR, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suneil Kumar Thakur For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2023 Heard the parties.

2. The petitioner apprehend his arrest in connection with Mahila P.S. Case No.92 of 2022, registered for the offence punishable under Sections 376 and other allied Sections of the Indian Penal Code and 3, 4, 6, 8, 10, 11, 12 of POCSO Act.

3. The allegation against the petitioner is that the petitioner made sexual relation with the minor daughter of the informant on the pretext of false promise of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.47393 of 2023(2) dt.20-09-2023 2/2 omnibus in nature. He further submits that there is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim is a minor.

6. Having regard to the facts and circumstances of the case as well as considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T