Patna High CourtCR. MISC./60292/2023dismissed

Md. Jamal v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60292 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- MANSAHI District- Katihar ====================================================== MD. JAMAL SON OF MANSOOR ALI VILLAGE- FULHARA, PSMANSAHI, DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard the parties.

2. The petitioner apprehends his arrest in connection with Mansahi P.S. Case No.114 of 2023, registered for the offence punishable under Sections 307 and other allied Sections of the Indian Penal Code u/s 04, 08, 12 and 17 of POCSO Act.

3. Allegedly, co-accused Md. Akhtarul used to follow, molest and ensue the complainant on her way to home under the conspiracy and support of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the specific

Patna High Court CR. MISC. No.60292 of 2023(2) dt.13-10-2023 2/2 allegation is against the co-accused Md. Akhtarul. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC.

6. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T