Sharique Mansori @ Sarique Mansori @ Md. Sharik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14030 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== SHARIQUE MANSORI @ SARIQUE MANSORI @ MD. SHARIK Son of Mohammad Saukat @ Shaukat Mansori Resident of Village- Chakalawar, Rikabganj, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner, learned APP for the State learned counsel for the informant. The petitioner has prayed for bail in connection with Gaya Mahila P.S. Case No. 115 of 2022 instituted for the offence under Sections 366(A), 376 and 376(3) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

Allegation against the petitioner is that he committed rape of the informant(victim) forcefully after abducting her. It is further alleged by the victim that she was being kept forcefully for three days in the house of petitioner's friend. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted that there is delay of 9 days in lodging the

Patna High Court CR. MISC. No.14030 of 2023(3) dt.10-08-2023 2/2 FIR. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.12.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the victim herself lodged this case against the petitioner and her statement was recorded under Section 164 of the Cr.P.C., in which she stated that the petitioner committed rape forcefully with her thrice after abducting her on motorcycle and being kept for three days in his friend's house. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T