Jamlul Mustafa @ Noori v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.180 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- BENIPATTI District- Madhubani ====================================================== Jamlul Mustafa @ Noori S/O Late Md. Naseem R/V- Teermuhan, P.S.- Saharghat, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Munna Ansari S/O Abdul Hamid R/V- Sanda (ISLAMIA Tola), P.S.- Benipatti, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar For the Opposite Party/s :
Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Benipatti P.S. Case No. 221 of 2022 registered for the offences punishable under Sections 363, 366(A), 376, 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 4 of the POCSO Act, pending in the Court of learned Additional Sessions JudgeVIIth-cum-Special Judge (POCSO Court), Madhubani. The petitioner is said to have abused the informant. Learned counsel for the petitioner informs this Court that the Police has submitted the final form against the petitioner and the same message has been given to him by the
Patna High Court CR. MISC. No.180 of 2023(3) dt.02-05-2023 2/2 brother of the petitioner. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.
Learned APP for the State vehemently opposing the bail petition submitted that the police has submitted the final form against the petitioner. Hence, this anticipatory bail is not maintainable.
Considering the facts and circumstances of case as also the fact that the final form has been submitted against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T