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2025 DAILYLAW 74952 (PAT)

Arshad Khan v. The State of Bihar

CR. MISC./69270/2024 · 2025-03-19

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69270 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Arshad Khan Son of Bhola Khan R/o Village- Bhathaura, Ward No.8, P.S.- Bagaha, Dist.- West Champaran at Bettiah ... ... Petitioner/s Versus 1. The State of Bihar 2. Sheikh Sudin Son of Sheikh Yunus R/o Village- Bhathaura, Ward No.8, P.S.- Bagaha, Dist.- West Champaran at Bettiah ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Binay Kumar, Advocate For the State : Ms. Renu Kumari, APP For Opposite Party No.2 : Mr. Sharad Kr. Verma, Advocate Mr. Umesh Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 19-03-2025 Heard learned counsels for the parties. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 74 and 3(5) of the B.N.S. and Sections 8 and 12 of the POCSO Act. 3. As per prosecution case, informant, namely Saikh Sudin, alleged that on 21.07.2024, his grand daughter, aged about 13 years, went to fields to graze goat and when she reached near sugarcane field, all the accused persons named in the F.I.R., including this petitioner, who were present there from before, forcibly took her into the sugarcane field and tried to molest her and when she raised objection, all the accused persons fled away. Patna High Court CR. MISC. No.69270 of 2024(4) dt.19-03-2025 2/2 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, informant’s goat was grazing in the field of the petitioner because of which a quarrel took place between the parties and thereafter, petitioner took away the goat of informant and in retaliation, informant lodged this false and fabricated case. Petitioner claims clean antecedents. 5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, forcibly took the victim in sugarcane field and sexually harassed her. 6. Considering the aforesaid facts and circumstances and specific and direct nature of accusation, the prayer for grant of anticipatory bail to the petitioner is rejected. shashank/- (Prabhat Kumar Singh, J) U T