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Patna High CourtCR. MISC./74819/2018dismissed

Ibrahim Alam @ Ibrahim Aalim v. The State Of Bihar

2019-03-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74819 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- SIKARPUR DistrictWest Champaran ====================================================== Ibrahim Alam @ Ibrahim Aalim S/o Hasmullah Miyan R/o Village- Judi Mian Tola (Kehuniya), P.S.- Shikarpur, District- West Champaran. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate.

For the Informant :

Mr. Binay Kumar, Advocate.

For the State : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366A/34 of the Indian Penal Code and Section 12 of POCSO Act registered in connection with Shikarpur P.S. Case No. 222 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact it is a case of love affair between the so-called victim girl and the petitioner. It is submitted that the petitioner is a resident of Delhi where he was joined by the victim along with her cousin Shamsher. The medical examination of the girl has not shown any injury nor sign of sexual assault.

Patna High Court CR. MISC. No.74819 of 2018(4) dt.11-03-2019 2/2

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition submitting that the victim is a minor girl aged about 15 years as evident also from the medical report. The victim in her statement recorded under Section 164 Cr. P.C. has made direct allegation against the petitioner of having taken her away in a Bolerro to Delhi.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U