Mumtaz Pamariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3841 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- RS P.S. District- Madhubani ====================================================== Mumtaz Pamariya S/O Md Isarail Pamariya @ Isarail @ Md Isarail R/O Village- Deep, P.S.- R.S. Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahnaz Khatoon W/O Shakil Abbasi R/O Village- Deep, ward no.- 9, P.S.- R.S. Jhanjharpur, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP For the Informant :

Mr. Kuldeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with R.S. Jhanjharpur P.S. Case No. 83 of 2024, instituted for the offences punishable under Section 126(2), 127(2), 115(2), 75, 76, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and read with Sections 8/12 of POCSO Act.

3. The prosecution case, in short, is that, the petitioner was molesting the victim by removing her clothes in a hut inside Hatiya Gachhi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.3841 of 2025(6) dt.23-06-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner is maternal uncle of the victim and there is land dispute in between the petitioner and husband of the informant. It is further submitted that parents of the victim denied for her medical test and also denied to produce the clothes of victim girl which she was wearing at the time of occurrence. The petitioner is in custody since 15.10.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that there is specific allegation against the petitioner of sexually assaulting the victim who is a minor girl aged about six years. It is further submitted that the witnesses in their statement have supported the prosecution case and the victim in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has also supported the allegation levelled against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. On perusal of the report sent by learned Court below, it appears that charge has been framed against the petitioner on 02.01.2025. Out of seven charge-sheeted witnesses

Patna High Court CR. MISC. No.3841 of 2025(6) dt.23-06-2025 3/3 six witnesses have been examined and only one witness is yet to be examined.

7. Considering the aforesaid facts and circumstances of the case, stage of trial, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner at this stage.

8. The prayer is rejected. The trial Court is directed to expedite the Trial and conclude the same preferably within a period of two months.

(Rudra Prakash Mishra, J) Rajorshi/- U T