Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64626 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- AMAUR District- Purnia ====================================================== MD. ARMAN S/o Late Md. Jahangeer R/v- Hatgachhi, Deori, P.S.- Amour, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Kumar Rajdeep, Adv Mr. Arvind Kumar, Adv For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned senior counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Amour P.S. Case No.249 of 2022, registered for the offence punishable under Sections 147, 148, 354(B), 376, 323, 313, 379, 504, 506 of the Indian Penal Code and section 4 & 6 of POCSO Act.

The allegation against the petitioner is that he made physical relationship with the daughter of the informant for about two years on the basis of fake assurance of marriage. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence,

Patna High Court CR. MISC. No.64626 of 2022(3) dt.27-03-2023 2/2 in the manner as alleged, has ever taken place. He submits that the petitioner has been implicated in this case because the proposal of the informant side to the petitioner's family to solemnize marriage was rejected by the petitioner's side. He further submits that no physical relation was established between the petitioner and the victim. The story of pregnancy and abortion is false and baseless. He further submits that the doctor has not found any sign of rape in the medical examination of the victim. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the victim girl was minor during the time of occurrence.

Having regard to the facts and circumstances of the case as well as considering the age of the victim, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.

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