Ghaffar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11965 of 2016 Arising Out of PS.Case No. -9 Year- 2015 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Ghaffar Shah, son of Late Jahur Shah, resident of Village- Wazidpur, P.S. Aurangabad Muffassil, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 342, 323, 307, 376 of the Indian Penal Code and Section 4/8 of POCSO Act. Petitioner happens to be own uncle of informant, who is said to have been raped by the petitioner. The informant was found aged about 9-10 years at the time of alleged occurrence and the medical evidence also ruled out the possibility of rape. Considering the nature of allegation as well as materials collected against the petitioner in course of investigation, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Mahila P.S. Case No. 09 of

Patna High Court Cr.Misc. No.11965 of 2016 (2) dt.17-03-2016 2/2 2015 pending in the court of Special Judge, POCSO, Aurangabad stands rejected.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T