Patna High CourtCR. MISC./70592/2023dismissed

Abdul Razaque @ Razaque v. The State Of Bihar

2023-11-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70592 of 2023 Arising Out of PS. Case No.-262 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== Abdul Razaque @ Razaque Son Of Zianuddin R/O Palasmani, P.S. - Bahadurganj, Distt. - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363/366A/34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. Petitioner is said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the victim under Section 164 of Cr.P.C. stated that main accused Shahnawaz and others brought her in the house of the petitioner and except this, no word has been uttered against this petitioner. He submits that there is major contradiction between the statement given by the

Patna High Court CR. MISC. No.70592 of 2023(2) dt.22-11-2023 2/2 victim before the police and the statement under Section 164 of the Cr.P.C. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bahadurganj P.S. Case No. 262 of 2021.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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