Ford v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60281 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== FORD Son of Rambilas Das Resident of Nawa Nagar Nijamat, P.S. - Sahebganj, District- Muazzafarpur, Bihar-843125. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Shankar, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Sahebganj P.S. Case No. 137 of 2022 instituted under Sections 147, 323, 324, 341, 342, 452, 379, 377, 511, 354, 504, 34 of the Indian Penal Code.

As per the FIR, the informant's son used to go to the petitioner's home for his tuition. One day, his son refused to go to his home. Upon asking, the son told him that the petitioner tried to make illicit relation with him. The accused persons tried to persuade the parents of the victim boy and offered them Rs. 1 lakh to settle the matter but they chose to lodge FIR. Learned counsel for the petitioner submits that contrary to the said allegations, the fact is that the victim is not

Patna High Court CR. MISC. No.60281 of 2022(2) dt.07-02-2023 2/2 so innocent inasmuch as, he was an accused in a case under Section 379 of the Indian Penal Code in connection with Mithanpura P.S. Case No. 18 of 2021 which was lodged by the informant and only to put pressure on the petitioner, the present case has been lodged.

Learned APP on the other hand opposes the prayer of bail stating that considering the gravity of the allegation that has come against the petitioner as reflects from the FIR itself, he cannot be extended the relief sought for.

This court has gone through the entire allegation that has been made against the petitioner, the victim boy's statement narrated to his father cannot be ignored only because he is an accused in a case. Considering the grave allegation that has come against the petitioner herein, this Court is not inclined to extend him privilege of anticipatory bail which is accordingly rejected.

(Rajiv Roy, J) Ajay Singh/- U T