Ajhar Ali Akhtar @ Jaffar Alam @ Zafar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 87178 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== AJHAR ALI AKHTAR @ JAFFAR ALAM @ ZAFAR ALAM Son of Manjoor Miyan Resident of Village - Gulab Chowk, Patkhauli, Police Station - Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that the deposition of the victim girl recorded under Section 164 of Criminal Procedure Code clearly establishes that the petitioner has no role to play in the entire occurrence. She has consciously omitted to name the petitioner even as a conspirator. It is also submitted that the petitioner was serving in the Military Service as a Constable and belongs to a respectable background and that this is a case of false implication. It is further submitted that the petitioner would be raising all the issues before the Court in his application for discharge.

In view of such submission, this application is

Patna High Court CR. MISC. No.87178 of 2019(2) dt.08-01-2020 2/2 disposed of with liberty to the petitioner to raise all these issues before the Court below in his application for discharge. The Court below should proceed to consider the same, if filed in accordance with law.

(Madhuresh Prasad, J) M.E.H./- U T