← Library
Patna High CourtCR. MISC./49076/2018dismissed

Abdul Laish Khan @ Tannu Khan v. The State Of Bihar

2018-08-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49076 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -MAHILA PS District- BUXAR ======================================================

1. Abdul Laish Khan @ Tannu Khan S/o Sagir Khan Resident of Village - Chausa near New Masjid, P.S. Buxar (Muffasil), District Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Buxar (Mahila) P.S.Case nO.58 of 2018 corresponding to POSCO Case no.37 of 2018 registered for offences punishable under Sections 341, 448, 376 and 493 of the Indian Penal Code and Section 6 of POCSO Act.

Allegation against the petitioner is of having physical relation with the informant and making intercourse with her on the pretext of marriage and later on he refused to marriage. Submission of the learned counsel for the petitioner is that with a view to put pressure on the petitioner to marriage, the present case has been lodged after two months of the occurrence. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49076 of 2018 (2) dt.27-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T