Patna High CourtCR. MISC./10016/2024bail rejected

Allah Rakha v. The State Of Bihar

2024-04-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10016 of 2024 Arising Out of PS. Case No.-5 Year-2023 Thana- MAHILA P.S. District- Madhubani ====================================================== Allah Rakha S/O- Md. Sabir R/O- Village- Momin Tola, Ward No.- 9, P.S.- Madhubani Town, Dist.- Madhubani.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mahila P.S. Case No.05 of 2023 lodged under Sections 376, 323, 341, 504, 506 and 34 of the I.P.C. read with section 4/6 POCSO Act.

3. As per the prosecution case, the F.I.R. has been lodged against 8 named accused persons including the petitioner. The specific allegation against the petitioner is that he has raped the daughter of the informant who is alleged to be minor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that compromise has taken place in this case.

Patna High Court CR. MISC. No.10016 of 2024(3) dt.16-04-2024 2/2

5. Counsel for the petitioner submits that the petitioner is in custody since 25.09.2023 having clean antecedent.

6. Counsel also submits that on the previous occasion, case diary and statement under section 164 of Cr.P.C. has been called for.

7. Learned counsel for the State opposes the prayer for bail and submits that statement of section 164 of Cr.P.C. as well as medical report are against the petitioner. Upon perusal of the statement of the victim and medical examination report which is present in paragraph 38, it transpires that the petitioner has committed offence.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

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