Akhtar Alam @ Md. Akhtar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21094 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -MAHILA PS District- AURANGABAD ====================================================== Akhtar Alam @ Md. Akhtar Alam S/o Shamim Ansari Alias Abdul Kayum Ansari, Resident of village & P.O. Madanpur, Distt- Aurangabad .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Mahila (Sadar) P.S. Case No. 07 of 2016 for the offences instituted under Sections 341, 342, 354, 346 of the Indian Penal Code and Section 8 POCSO Act.

The prosecution story in brief, is that Ragini Kumari had stayed in the house of the informant in order to appear at the Matric Examination. On 22.03.2016 Ragini stepped out of the house saying that she was going to see her friend but she could not returned. Meanwhile, informant came to know that Akhtar Alam, Head Master of the School had taken Ragini into confidence and took her to Babhandi School where villagers had caught them in

Patna High Court Cr.Misc. No.21094 of 2016 (4) dt.03-08-2016 2/2 objectionable position.

It has been submitted on behalf of the petitioner that petitioner is in custody since 22.03.2016. Charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to dirty village politics. On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and the statement of the victim girl has been recorded under Section 164 Cr.P.C. where she has supported the allegation.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Mahila (Sadar) P.S. Case No. 07 of 2016, pending in the court of learned Special Judge (POCSO), Aurangabad.

(Sudhir Singh, J.) Rajiv/- U T