Sk Zulfikar @ Sk Zulfekar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48746 of 2022 Arising Out of PS. Case No.-266 Year-2021 Thana- AMDABAD District- Katihar ====================================================== SK ZULFIKAR @ SK ZULFEKAR Son of Sk. Firaj @ Dabba @ Shekh Firoj Resident of Village - Mayamari, P.s.- Amdabad, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah, Adv.

For the Opposite Party/s:

Mr.Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 366A, 376, 511, 34 of the Indian Penal Code and u/s. 4 of the POCSO Act. Allegedly, the petitioner along with one unknown person came to her and kidnapped her and attempted to commit rape on her. It is submitted by learned counsel for the petitioner that petitioner is quite innocent person and has committed no offence. He has been falsely implicated in this case due to ulterior motive as the informant and her family forcibly want to marry the informant with the petitioner, but on denial by the petitioner, informant filed complaint case against the petitioner and others to make false pressure. It has been further submitted that the petitioner had not kidnapped or

Patna High Court CR. MISC. No.48746 of 2022(3) dt.09-01-2023 2/2 abducted the informant. No such occurrence as alleged ever took place. The entire prosecution story is false, fabricated and concocted. The statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has fully supported the version of the complaint petition. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail by submitting that the informant is minor girl. Considering the facts and circumstances, I am not inclined to enlarge the petitioner on bail. The prayer for anticipatory bail on behalf of petitioner is hereby rejected. Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T