Md.Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10598 of 2023 Arising Out of PS. Case No.-377 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Md.Rabbani S/o Md. Salim R/o village- Korahiya, P.S.- Jaynagar, DisttMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 15.10.2022 in connection with Jaynagar P.S. Case No. 377 of 2022, F.I.R. dated 15.10.2022 for the offences punishable under Sections 376 (DA), 327 and 120B of the Indian Penal Code and Sections 6, 8, 12, 14, 15 of POCSO Act, 2012 and Section 3(1) (r)(s) (wi)/3(2)(va) of SC/ST Act.

According to prosecution case, all the accused persons including the petitioner have committed rape upon the victim. It

Patna High Court CR. MISC. No.10598 of 2023(3) dt.24-06-2023 2/3 is further alleged that they always used to threatened her and also recorded obscene video of her.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricate and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the present occurrence took place on 24.09.2022 to 14.10.2022 but the present F.I.R. was instituted on 15.10.2022 and the statement of the victim was recorded under Section 164 of the Cr.P.C. on 17.10.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim recorded under Section 164 of the Cr.P.C.

in which she has categorically stated that the petitioner has committed rape upon her and the medical report of the victim also supported the allegation as alleged in the F.I.R. and during the time of occurrence, the victim was minor. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Jaynagar P.S. Case No.

Patna High Court CR. MISC. No.10598 of 2023(3) dt.24-06-2023 3/3 (POCSO), Madhubani.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T