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Patna High CourtCR. MISC./73764/2024dismissed

Md. Afsar v. The State Of Bihar

2024-10-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73764 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Md. Afsar Son of Mohammad Abbas Village- Fida Bigha, Ps- Rafiganj, DistAurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Praveen Khatoon Wife of Anwar Hussain Village- Fida Bigha, Ps- Rafiganj, Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlendra Prasad Singh, Adv For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 74, 75, 76, 126(2), 115(2), 351(2), 352, 3(5) of the B.N.S. Act, Section 27/30 of the Arms Act and Section 8/12 of the POCSO Act.

3.

As per the FIR, petitioner entered into the house of the informant and caught hand of the minor daughter of the informant and also misbehaved with her.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific

Patna High Court CR. MISC. No.73764 of 2024(2) dt.26-10-2024 2/2 overt act against the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

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