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Patna High CourtCR. MISC./28030/2017dismissed

Md. Nasim @ Nasim v. The State Of Bihar

2017-07-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28030 of 2017 Arising Out of PS.Case No. -599 Year- 2007 Thana -ARARIA District- ARRARIA ====================================================== Md. Nasim @ Nasim Son of Aslam Miya, Resident of Village- Rajokhar, P.S. Araria RS, District- Araria.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishor Singh For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Araria P.S. Case No. 599 of 2007, G.R. No. 2619 of 2007 for the offence instituted under Section 363A/34 of the Indian Penal Code.

The allegation against the petitioner is that on the pretext of giving service in shop, the informant was compelled for begging on the roads.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to

Patna High Court Cr.Misc. No.28030 of 2017 (2) dt.10-07-2017 2/2 village politics. Except for the statement of victim, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and he is involved in human trafficking of minors who are compelled for begging on the roads. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of petitioner is rejected in connection with Araria P.S. Case No. 599 of 2007, G.R. No. 2619 of 2007, pending in the court of learned C.J.M., Araria. Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Amit/- U T