Patna High CourtCR. MISC./6990/2024bail rejected

Mumtaz v. The State Of Bihar

2024-04-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6990 of 2024 Arising Out of PS. Case No.-361 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Mumtaz Son of Md. Wasik @ Md. Wasim @ Md. Wasil R/o vill - Rehua, P.S.- Raniganj, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raniganj P.S. Case No. 361 of 2023 dated 14.09.2023, lodged under Section 376 of the I.P.C. read with Sections 4 and 6 of the POCSO Act, 2012.

3. As per the prosecution case, the F.I.R. has been lodged against named accused person (petitioner) against whom, there is an allegation of rape with the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the there is one criminal antecedent of the petitioner of similar nature in which he is in custody since 14.09.2023. He further submits that charge-sheet has already been filed and

Patna High Court CR. MISC. No. 6990 of 2024(3) dt.09-04-2024 2/2 there is no chance of tampering with the investigation.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that on early occasion, the statement of victim recorded under Section 164 of the Cr.P.C. has been called for. From perusal of the statement of victim, it transpires that forcefully rape has been made to her.

6. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and therefore, his bail petition is hereby rejected.

(Dr. Anshuman, J) sadique/- U T