Md. Emamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21894 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -BHEJA District- MADHUBANI ====================================================== Md. Emamuddin, Son of Ali Hasan Sah, Resident of Village- Khajuri, P.S Bheja, District - Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Bheja P.S. Case No. 16 of 2016 , registered under Section 376 of Indian Penal Code, pending in the Court of A.C.J.M., Jhanjharpur, Madhubani.

The accusation is that on 20.02.2016, petitioner forcibly committed rape upon the informant, when she was cutting grass in the field.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. Further submission is that in the medical examination, no spermatozoa was found in vaginal smear of the informant. Learned counsel for the State vehemently opposed the prayer of the petitioner and submitted that the victim was examined

Patna High Court Cr.Misc. No.21894 of 2016 (3) dt.27-07-2016 2/2 after two days of the occurrence and as such finding no spermatozoa is quite natural, but Doctor opined that sexual intercourse might have been done.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J.) manish/- U T