Md. Sarfaraj Sekh @ Mintu @ Md. Safraj Sekh @ Mintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67450 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- JOGBANI District- Araria ====================================================== MD. SARFARAJ SEKH @ MINTU @ MD. SAFRAJ SEKH @ MINTU S/o Md. Sakimuddin R/o Village- Sabalpur Kashim Tola, P.S.- Morkahi, DisttKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikalp For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Jogbani (Bathnaha) P.S. Case No.21 of 2022, registered for the offence punishable under Sections 365, 366(A), 120/34 of the Indian Penal Code.

The allegation against the petitioner is that he alongwith his family members abducted the minor daughter of the informant.

It is submitted by learned 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, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.67450 of 2022(2) dt.25-02-2023 2/2 omnibus in nature. There is no specific overt act against the petitioner. The name of the petitioner transpired in the present case merely on the basis of suspicion. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the statement of the victim was recorded u/s 164 Cr.PC in which she has supported the prosecution case.

Having regard to the facts and circumstances of the case, as the victim is a minor, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

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