Patna High CourtCR. MISC./82921/2023bail rejected

Imran @ Gabbaar v. The State Of Bihar

2024-03-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82921 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Imran @ Gabbaar Son of Fajlu, Rahman Resident of village - Matiyara, P.S. Gidha, O.P., (Koilwar), Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamod Kumar Vidyarthi For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ara Mahila P.S. Case No. 54 of 2023 registered on 12.09.2023 lodged under Sections 341, 323, 506, 37634 I.P.C. and Section 4 of POCSO Act.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the present petitioner to whom allegation is made by the informant that the petitioner had established physical relation with her minor daughter on the pretext of marriage.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 18.10.2023 having no criminal case pending against him. He further submits that petitioner and the alleged

Patna High Court CR. MISC. No.82921 of 2023(3) dt.07-03-2024 2/2 victim is the resident of the same village and of same religion, therefore the petitioner has sympathy upon the informant's daughter. Counsel submits that with a view to build pressure, the present case has been lodged. Charge-sheet has already been framed. Counsel submits that case diary has been called for and the statement under Section 164 Cr.P.C. has been called for.

6. Learned counsel for the State opposes the prayer for bail and submits that allegation made in the F.I.R. has been fully supported by the victim in statement under Section 164 Cr.P.C.

7. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected at this stage.

(Dr. Anshuman, J) Sunnykr/- U