Patna High CourtCR. MISC./9190/2020rejected

Jami Khan @ Md. Jami Khan @ Jemi Khan v. The State Of Bihar

2020-03-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9190 of 2020 Arising Out of PS. Case No.-115 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== JAMI KHAN @ MD. JAMI KHAN @ JEMI KHAN Son of Md. Shakil Khan Resident of Village Deona, Police Station - Barauni, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is an accused in connection with POCSO Case No. 22 of 2018 arising out of Barauni (Refinery) P.S. Case No. 115 of 2018 for the offence registered under Sections 341/354A/506of the Indian Penal Code and Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted that the informant and her daughter including the petitioner and his family members is residing in the same house. It is further submitted that a joint compromise petition has also been filed before the Court below. Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.9190 of 2020(2) dt.04-03-2020 2/2 resisting the prayer for bail of the petitioner as the victim girl in her statement under Section 164 of the Cr.P.C stated that the petitioner has tried to outrage her modesty. As such, the petitioner is not entitled to the privilege of regular bail. Having considering the entire facts and circumstances of the case and the nature of allegation, this Court is not inclined to allow the prayer for bail of the petitioner. Accordingly, prayer for grant of regular bail of the petitioner is rejected. (Arvind Srivastava, J) Jagdish/- U T