Md. Aainul @ Raju @ Ainul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.592 of 2020 Arising Out of PS. Case No.-516 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Aainul @ Raju @ Ainul, Son of Md. Mokhtar, Resident of VillageMubarakpur, P.S.- Muffasil, Distt - Begusarai. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rashid Izhar, Advocate Mr. Sandip Kumar Gautam, Advocate For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-02-2021 Heard Mr. Rashid Izhar, learned counsel for the appellant and Mr. Sadanand Paswan, learned counsel for the State.

Mr. Rashid Izhar, learned counsel for the appellant, with reference to medical report, submits that the allegation is patently false. He also referred to the statement of the victim recorded under Section 164 of the Cr.P.C. and the statement of the mother of the victim to contend that there is mistake in the identity of the accused.

After going through the case diary and the materials available on record, the Court is of the considered view that there is specific allegation levelled by the prosecutrix and such statement cannot be diluted by medical report.

Patna High Court CR. APP (SJ) No.592 of 2020(8) dt.08-02-2021 2/2 Considering the materials available in the case diary, the Court is not inclined to grant bail to the appellant. The appeal is dismissed.

However, the court below is directed to expedite the trial.

(Anil Kumar Upadhyay, J) uday/- U T