Md. Naushad Alam @ Naushad Aam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81319 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Md. Naushad Alam @ Naushad Alam Son of Md Abdullah Ansari R/O Vill.- Hardiyabad, P.S.- Pipra, Dist.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubina Khatoon Wife of Khurshid Alam R/O Vill.- Hardiyabad, P.S.- Pipra, Dist.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP For the Informant :

Mr.Rajnish Prakash, Advocate :

Ms.Lakshmi Kumari, Advocate :

Mr.Ankesh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Pipra PS case no. 214 of 2024, disclosing offences punishable under Section 65(1) of B.N.S. and Section 4 and 6 of POCSO Act.

3.

The prosecution story, as per the First Information Report, is that on 14.08.2024 in the evening, when the informant was outside of her house, petitioner entered into her house and committed rape upon her minor daughter, aged about 15 years. 4.

Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.81319 of 2024(2) dt.11-12-2024 2/2 petitioner has falsely been implicated in this case in order to extort money from him. Learned counsel further submits that earlier there was a marriage negotiation between Tabasum Khatoon of informant side and the petitioner but the same could not succeed, due to which, this false case has been lodged. The petitioner is stated to be having no criminal antecedent. 5.

Learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that process under Section 82 Cr.P.C. has been issued and the petitioner has been declared absconder by the learned court below. 6.

Heard learned counsel for the parties. From perusal of F.I.R. and impugned order, it appears that there is direct allegation of rape against the petitioner and the victim, who is minor, has supported the prosecution case in her statement made under Section 180 & 183 of B.N.S. Act.

6.

This application is, accordingly, rejected.

(Anil Kumar Sinha, J) rinkee/- U T