Patna High CourtCR. MISC./73306/2022dismissed

Md Naiyar v. The State Of Bihar

2023-03-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73306 of 2022 Arising Out of PS. Case No.-165 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== MD NAIYAR SON OF LATE MD HAMID ALAM R/O MOHALLAMOGHALPURA CHHOTI BAZAR, P.S.- KHAJEKALAN, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.H.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Khajekalan P.S. Case No.165/22, registered for the offence punishable u/s 341/323/354/354(A)/354(B)/504/506/34 of the IPC, section 3/ 7/ 8/12 of the POCSO Act.

Allegation against the petitioner is of trying to molest the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner and the

Patna High Court CR. MISC. No.73306 of 2022(2) dt.24-03-2023 2/2 parties have compromised. Petitioner has twelve criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she has supported the prosecution case. Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected.

This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned court below would pass order, in accordance with law, considering this fact that there is a compromise between the parties.

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