Jawed @ Jawed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57423 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- BAUSI District- Araria ====================================================== MD. ASLAM S/O RAKIBUDDIN Resident of village- Bausi, Ward no- 13, P.S.- Bausi, District- Araria, ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58895 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- BAUSI District- Araria ====================================================== JAWED @ JAWED ALAM Son of Md. Ayub Alam @ Md. Aayud Resident of village - Bausi, Ward No.- 13, P.S.- Bausi, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 57423 of 2022) For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh (In CRIMINAL MISCELLANEOUS No. 58895 of 2022) For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363, 366 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No. 57423 of 2022(2) dt.20-12-2022 2/2 petitioners are innocent and have been falsely implicated in this case. He submits that there is specific overt act against the petitioners and the victim is a major girl. He further submits that during investigation the petitioners were made accused in this case. He submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has taken the name of the petitioners and others co-accused person. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners are serious in nature, hence they do not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioners on bail in connection with Bousi P.S. Case No.48/2022. Accordingly, their prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T