Patna High CourtCR. MISC./50711/2018rejected

Salman @ Md. Salman Ansari v. The State Of Bihar

2018-10-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50711 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Salman @ Md. Salaman Ansari, S/o Ekbal Miyan @ Md. Ekbal Ansari, Resident of Village - Nauwa Toli, P.S. - Pirpainti, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Subodh Prasad For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 354A, 506/34 of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offenses Act, 2012.

According to FIR, the petitioner and two others intercepted the two school going minor girls and attempted to forcefully take them on their vehicle. The victims have supported the aforesaid allegation before the police.

Learned counsel for the petitioner submits that informant is not an eyewitness of the occurrence. The allegation is not specific against anyone including the petitioner. The petitioner has got no criminal antecedent and no other persons have

Patna High Court Cr.Misc. No.50711 of 2018 (3) dt.31-10-2018 2/2 supported the allegation before the police. He further submits that some independent witnesses have stated before the police that while learning the driving of motorcycle, the petitioner and others fell down on the girls who sustained injury and for that reason exaggerated statement is there in the FIR.

Considering the statement of the victim-girls, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Pirpainti Police Station Case No. 299 of 2017 pending in the court of learned Chief Judicial Magistrate, Bhagalpur.

Hence, prayer for anticipatory bail is refused. (Birendra Kumar, J) Kundan/Rajan U T