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Patna High CourtCR. MISC./35590/2017rejected

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

2017-08-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35590 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -BELAGANJ District- GAYA ====================================================== MD. SAKEEB @ MD. SAKEEB ALAM, Son of Rashid Mian @ Bhallu Mian, Resident of Village- Jafra, P.S.- Belaganj, District- Gaya, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with POCSO Case No.23 of 2017, arising out of Belaganj P.S. Case No.58 of 2017, for allegedly having committed the offence under Sections 376 and 511 of the Indian Penal Code and Section 8 of the POCSO Act, which is pending in the court of the learned Additional District Judge 1st cum Special Judge (POCSO Act), Gaya.

Considering the nature of allegations made against the petitioner and that the victim girl in her statement under Section 164 Cr.P.C. has made verbatim repetition of the allegations made in the F.I.R., I am not inclined to grant

Patna High Court Cr.Misc. No.35590 of 2017 (2) dt.16-08-2017 2/2 anticipatory bail to the petitioner. It is, accordingly, rejected. However, if the petitioner surrenders in connection with the present case before the court below within a period of four weeks from the date of receipt/production of a copy of this order and prays for regular bail, it shall be open to the court below to consider his case on its own merit and pass appropriate orders.

(Anjana Mishra, J) PNM U T