Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16923 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Noor Alam, S/o Md. Rafik, Resident of Village- Bankul Chapra, P.S.- Mushahari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mushahari P.S. Case No. 141 of 2016 (Trial No. 4 of 2017) instituted for the offence under Section 376 of the Indian Penal Code.

As per written report there is specific allegation against this petitioner of committing rape with the informant. The victim girl has given her statement under Section 164 Cr. P.C. wherein she has levelled specific allegation against this petitioner. As per Medical Report, the age of the victim girl is between 17-18 years whereas the age of boy is between 16 -16 1⁄2 years.

Keeping in view the direct allegation against this petitioner which supports the statement of the victim girl under

Patna High Court Cr.Misc. No.16923 of 2017 (3) dt.15-05-2017 2/2 Section 164 Cr. P.C., this Court is not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner stands rejected. Petitioner is given liberty to renew his prayer for bail after six months in the court below if no substantive progress is made in the trial. The trial court will give the reason if the trial is not concluded within stipulated period.

(Sanjay Priya, J) S.Ali/- U T