Patna High CourtCR. MISC./63228/2023bail rejected

Md. Mohsar @ Mohsar v. The State Of Bihar

2023-10-17Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63228 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- RAUTA District- Purnia ====================================================== Md. Mohsar @ Mohsar Son Of Mahboob @ Md. Mahboob Alam Under The Guardianship Of His Father Mahboob@ Md. Mahboob Alam Son Of Amaluddin Resident Of Village- Maujabari, P.S.- Rauta, Dist.- Purnea ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Rauta P.S. Case No. 37 of 2022 dated 08.04.2022, instituted for the offence punishable under Sections 341, 363, 504/34 of the Indian Penal Code and subsequently cognizance has been taken under Sections 341, 323, 363, 366 376 and 6 of the POCSO Act.

3. The case of prosecution, in short, is that the petitioner along with other co-accused forcibly kidnapped the daughter of the informant. When the informed asked about her daughter to the accused persons, they flew away by way of abusing him.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.63228 of 2023(2) dt.17-10-2023 2/2 petitioner is innocent and he has falsely been implicated in this case. It is submitted that the petitioner is a minor and has no concern with the alleged occurrence. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Since the victim girl has supported the case of prosecution in her statement under Section 164 Cr.P.C. and she stated against the petitioner regarding commission of rape, I am not inclined to grant the anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Khatim Reza, J) Shanu/- U T