Patna High CourtCR. MISC./7538/2024dismissed

Sakir Alam v. The State Of Bihar

2024-04-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7538 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- AMDABAD District- Katihar ====================================================== Sakir Alam S/O- Abdul Razzak R/O- Vill- Yusuf Tola, P.S.- Amdabad, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr.Sanjeev Kumar Singh, Advocate Ms. Neha Rani, Advocate For the State :

Mr.Arbind Kumar Pandey, Advocate For the Informant :

Mr. Pawan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Amdabad P.S. Case No. 244 of 2023 registered for the offence punishable under Sections 341, 323, 376, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of raping a minor girl.

4. Learned senior counsel for the petitioner has argued that there is delay in lodging of the case and a complaint case was filed before the case was registered. He also submits that the petitioner has been found to be a major in the medical

Patna High Court CR. MISC. No.7538 of 2024(3) dt.16-04-2024 2/2 report. The petitioner is in jail since 26.09.2023.

5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail. They have submitted that there is direct allegation of rape against the petitioner.

6. Having considered the submission and considering the fact that the petitioner is accused of raping a girl, though she alleges that she is a minor but even if the contention of the petitioner is accepted that she may be a major, still I am not inclined to grant bail to the petitioner in view of the allegation.

7. Accordingly, this application stands dismissed.

8. The Court below is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T