Hurella @ Abu Huressla @ Abu Hurella @ Abdul Hurella v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2763 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- MAHILA P.S. District- Kishanganj ====================================================== HURELLA @ ABU HURESSLA @ ABU HURELLA @ ABDUL HURELLA Son of Momin R/v- Ward No. 4, Kalpir, Pattharghati, P.S.- Kodhobari, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail, who is in custody since 04.11.2022, in connection with Mahila P.S. Case No.41/2022, F.I.R. dated 20.10.2022, for the offences punishable under Sections 376, 323, 341, 504/34 of the Indian Penal Code and Section 4 of POCSO Act.
According to prosecution case, the petitioner is alleged to have committed rape upon the informant repeatedly. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation against the petitioner as alleged in the F.I.R is false
Patna High Court CR. MISC. No.2763 of 2023(3) dt.18-04-2023 2/2 and fabricated and no such occurrence has taken place. Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on the record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that in the medical report, the victim was minor at the time of occurrence and the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she has specifically stated that the petitioner has committed rape upon her.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Mahila P.S. Case No. 41/2022, pending in the court of learned Additional Sessions Judge-1st-cum-Special Judge, Kishanganj. Prayer is refused.
(Rajesh Kumar Verma, J) amit/- U T