Patna High CourtCR. MISC./81845/2023bail rejected

Shahrukh Khan v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81845 of 2023 Arising Out of PS. Case No.-536 Year-2023 Thana- BANKA District- Banka ====================================================== SHAHRUKH KHAN S/O MEHTAB VILLAGE- ALIGANJ, PS., BANKA, DIST. BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Banka P.S. Case No.536 of 2023 lodged under Sections 363, 366A and 34 of the I.P.C. read with sections 8 and 12 of POCSO Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the petitioner against whom allegation of kidnapping of informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner and informant both are resident of same village and due to village politics, he has been falsely implicated

Patna High Court CR. MISC. No.81845 of 2023(3) dt.05-03-2024 2/2 in this case.

5. Counsel for the petitioner submits that petitioner is in custody since 07.08.2023 having clean antecedent.

6. Counsel also submits that the victim is a minor girl.

7. Learned counsel for the State opposes the prayer for bail and submits that statement of the victim under section 164 of Cr.P.C. has come in which the victim has made allegation against the petitioner.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) prakashmani/- U