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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70690 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- DIGHALBANK District- Kishanganj ====================================================== Md Afsar Ali @ Apsar Ali Son of Md Jalal Village- Dogirja, Ps- Dighalbank, Dist- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Dighalbank P.S. Case No.67 of 2024, registered for the offence punishable u/s 341, 365, 504 506/34of the IPC. 3.

Allegation against the petitioner is of committing sexual assault with the victim.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. The petitioner has not been arrested on the spot and nothing has been recovered from his conscious possession. It is submitted that the victim is a major, which is clear from her

Patna High Court CR. MISC. No.70690 of 2024(2) dt.22-10-2024 2/2 statement under Section 164 Cr.P.C. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the victim has supported the prosecution case in her statement recorded under Section 164 Cr.P.C.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

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