Arshad Ali @ Arsad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4599 of 2025 Arising Out of PS. Case No.-394 Year-2021 Thana- BAISI District- Purnia ====================================================== Arshad Ali @ Arsad S/O Rajebool Resident of village- Matiyari ward no. 3, P.S.- Terhagachh, District- Kishanganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Renu Devi W/O Pramod Mahali R/O Baisi Bazar, P.S.- Baisi, Dist.- Purnea. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Raj Kumar, Advocate For the State :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, Sections 3(i)(w)(i)(ii) and 3(2)(va) of the S.C./S.T. Act and Section 6 of the POCSO Act.
3. As per prosecution case, this petitioner is alleged to have kidnapped minor daughter of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. Petitioner has falsely been implicated in this case with ulterior motive. As a matter of fact, the victim voluntarily went to Nepal with this petitioner and both of them have solemnized marriage as well. Petitioner claims clean
Patna High Court CR. MISC. No.4599 of 2025(3) dt.25-02-2025 2/2 antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that he kidnapped minor daughter of informant. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case. Victim is aged about 14 years.
6. Considering the aforesaid facts and circumstances, specific and direct nature of accusation and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T