Patna High CourtCR. MISC./67332/2022dismissed

Md. Nazim v. The State Of Bihar

2023-02-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67332 of 2022 Arising Out of PS. Case No.-69 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Nazim Son Of Md. Nazir R/V- Basant, Ward No. 5, P.S.- Bishanpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376, 420 of the Indian Penal Code and Section 11 of the POCSO Act. Petitioner is said to have established physical relation with the complainant on the pretext of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner and the complainant is a covillager and their parents are well known to each other. He submits that the parent of the complainant wanted marry her with the petitioner but due to behavior of the complainant, he has not accepted the proposal of marriage for which father of the complainant has filed another criminal case bearing

Patna High Court CR. MISC. No.67332 of 2022(2) dt.25-02-2023 2/2 Bihaanpur P.S. Case No. 48 of 2022. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the victim in her statement recorded under Sections 161 and 164 Cr.P.C. has supported the prosecution case.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Mahila P.S. Case No. 69 of 2019.

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