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Patna High CourtCR. MISC./64192/2019dismissed

Meraj @ Md. Meraj Alam v. The State Of Bihar

2019-11-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64192 of 2019 Arising Out of PS. Case No.-3 Year-2017 Thana- MAHILA P.S. District- Saran ====================================================== MERAJ @ MD. MERAJ ALAM S/O Mohd. Ishaque R/O Village- Manjhi Mian Toli, P.S.- Manjhi, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Saran Mahila P.S. Case No. 03 of 2017 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 3/4 of POCSO Act. As per FIR the victim girl informed the Child Welfare Committed constituted under Section 27 of POCSO Act that petitioner has committed rape upon her.

Submission of learned counsel for the petitioner is that due to enmity he has falsely been implicated in this case and no specific date of occurrence has been mentioned in this case.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that in her statement under Section 164 Cr.P.C. the victim girl has named this petitioner and he has been

Patna High Court CR. MISC. No.64192 of 2019(3) dt.26-11-2019 2/2 named in the FIR lodged by Chairman of Child Welfare Committee and she is minor.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T