Patna High CourtCR. MISC./64240/2024dismissed

Md. Afsar @ Afsar Ali v. The State Of Bihar

2024-10-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64240 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Md. Afsar @ Afsar Ali Son of Noor Mohammad Resident of Village - Dronpur, Mohallah - Jhapahan Dih, P.S. - Ahiyapur, District - Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Ahiyapur P.S. Case No. 82 of 2024 registered for the offences punishable under Sections 376D, 201, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is that he along with other co-accused persons had established physical relationship with the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.64240 of 2024(2) dt.01-10-2024 2/2 there is inordinate and abnormal delay of five months in lodging the F.I.R petition without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. He further submits that the medical examination of victim was not conducted and her statement was recorded under Section 164 of Cr.P.C. in which she has supported the prosecution case. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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