Aftab Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74585 of 2022 Arising Out of PS. Case No.-127 Year-2022 Thana- PALANWA District- East Champaran ====================================================== AFTAB KHAN Son of Mojahir Kha R/v- Basti Semra, P.S.- Palanwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Palanwa P.S. Case No.127 of 2022, registered for the offences punishable under Section 376(DA) of the Indian Penal Code as well as under Sections 4/6/10 of the POCSO Act. The petitioner alongwith two other co-accused persons is said to have committed rape with the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedents as stated in paragraph-3 of the bail application. It is fairly submitted that statement of the victim was recorded under Section 164 Cr.P.C. in which she has supported the prosecution case.

Patna High Court CR. MISC. No.74585 of 2022(2) dt.03-02-2023 2/2 Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) S.KUMAR/- U T