Md. Sarfaraj Alam @ Sonu Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17246 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -MAHILA PS District- JAMUI ======================================================
1. MD. SARFARAJ ALAM @ SONU MIAN Son of Md. Nizamuddin resident of Village- Bhachhiyar , P.S and District Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-05-2016 Heard Mr. Singh for the petitioner and Mr. Chandra Bhushan Prasad, APP for the State.
Petitioner is named in the F.I.R. vide Jamui Mahila P.S. Case No. 111 of 2015 registered under sections 354, 354(A) read with 34 of the Indian Penal Code and Sections 11 and 12 of POCSO Act along with co-accused Sanjay Singh. Three girls were going on school when co-accused Sanjay Singh stopped the victim girl and made indecent remarks inasmuch as he tried to catch hold of her hand. When protested, it is alleged that they were abused. In the meanwhile, the petitioner also appeared at the scene of occurrence and in presence of several persons started teasing the victim girl and her other friends. Contention of the petitioner is that the main
Patna High Court Cr.Misc. No.17246 of 2016 (2) dt.04-05-2016 2/2 allegation is against Sanjay Singh. The petitioner as per the F.I.R. came after the obstruction was offered by co-accused Sanjay Singh. It is a case of false implication. The two other friends of victim girl have not implicated the petitioner. Learned APP opposed the prayer for bail and placed the F.I.R.
Looking to the allegation and the other materials available on record incriminating the petitioner as evidenced from the impugned order, I am not persuaded to extend the privilege of anticipatory bail to the petitioner.
Prayer is, accordingly, rejected.
(Kishore Kumar Mandal, J) Pankaj/- U T