Jahir Hussain @ Jahir Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58609 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- KOTWA District- East Champaran ====================================================== JAHIR HUSSAIN @ JAHIR MIYAN Son of Habib Miyan Resident of Village - Banbir, P.S.- Kotwa, District - East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Ramdhyan Ram Son of Late Ganesh Ram Resident of Village - Banbirwa, Ward No.- 11, P.S.- Kotwa, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act and Section 3(I)(r), 3(1)(w) of the SC/ST Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 06.06.2022, in the evening, his minor daughter, aged about 16 years, was sitting at the door when his neighbor's wife came and asked his daughter to accompany for call of
Patna High Court CR. MISC. No.58609 of 2022(7) dt.22-05-2023 2/2 nature and, thereafter, they both went towards a sareh but his daughter did not return.
Learned counsel for the petitioner submits that the offence has been compounded between the parties. Learned A.P.P. for the State opposes the anticipatory bail application of the petitioner and submits the case is registered under the POCSO Act and the same is not compoundable.
Considering the nature of allegations as alleged in the FIR, the Court is not inclined to enlarge the petitioner on anticipatory bail.
Accordingly, the anticipatory bail application of the petitioner is rejected.
(Satyavrat Verma, J) HarshPandey/- U T