Hazarat Ali @ Pardeshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64271 of 2021 Arising Out of PS. Case No.-190 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== HAZARAT ALI @ PARDESHI S/o Mazrul Haque @ Bhutta R/o villageJanerwa, P.S.- Banjaria, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 376, 385, 120(B) of the Indian Penal Code and Section 4 / 6 of the POCSO Act.

As per the prosecution case, the informant was sexually assaulted by the petitioner on the pretext of marriage. It is submitted on behalf of petitioner that the allegations levelled against the petitioner is out-and-out false and concocted. As a matter of fact, when the petitioner refused to marry the informant, this false case has been lodged. Petitioner has got clean antecedent.

However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific and direct allegation

Patna High Court CR. MISC. No.64271 of 2021(3) dt.06-07-2022 2/2 against this petitioner of committing penetrating sexual assault on the pretext of marriage.

Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T