Patna High CourtCR. MISC./7199/2024bail rejected

Md. Imran Miyan v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7199 of 2024 Arising Out of PS. Case No.-482 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== MD. IMRAN MIYAN S/O HASNAIN MIYAN R/O VILLAGE- NAUKA TOLA WARD NO. 5, P.S- RAXAUL, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raxaul (Haraiya) P.S. Case No. 482 of 2023 registered on 27.10.2023 lodged under Sections 376(3) of the I.P.C. and 4/6 of POCSO Act.

3. As per the prosecution case, F.I.R. has been lodged against the petitioner that he has committed rape with the informant by false introduction of his identity.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is a taxi driver whereas informant is a social worker. The petitioner is in custody since 28.10.2023 having no criminal case pending against him.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No. 7199 of 2024(2) dt.17-02-2024 2/2 for bail and submits that allegation in the F.I.R. is that the petitioner has contacted with the informant on mobile, called her and developed physical relationship and thereafter disclosed his false identity that he is Hindu and unmarried. Subsequently, it came to the knowledge of the informant that his religion is not Hindu rather he was Muslim and married.

6. The statement under Section 164 of Cr.P.C., informant disclosed that petitioner has developed physical relationship on false identity and false promise of marriage and pretending her that he is resident of Nepal which enticed the informant. The said statement of the victim has been acknowledged by the Court rejecting the bail of the petitioner by the Sessions Court.

8. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, his bail application stands rejected. (Dr. Anshuman, J) sunnykr/- U