Md. Shami Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26984 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -MAHILA P.S. District- MUZAFFARPUR ======================================================

1. Md. Shami Ahmad, Son of Late Md. Islam, resident of Village- Bangari, P.S.- Piar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 07.04.2017 in connection with Mahila P.S. Case No. 21/2017 for offences punishable under Sections 376/511 of the Indian Penal Code and under Sections 4, 8, 18 of the POCSO Act.

The prosecution case, as lodged by the victim girl, aged about 15 years, is that her father had turned away his mother and has married another woman. She along with her younger sister and brother lived with her father but her father tried to commit rape on her many times.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and that

Patna High Court Cr.Misc. No.26984 of 2017 (3) dt.04-08-2017 2/2 his minor daughter has been instigated by his first wife and her maternal grandmother to falsely implicate the petitioner in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned APP for the State vehemently opposes the prayer for bail stating therein that the victim girl is a minor of 15 years and in her statement under Section 164 Cr.P.C. she has supported the prosecution case that such act has been tried to be committed by the victim's father.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Mahila P.S. Case No. 21/2017, pending in the court of learned Special Judge, POCSO Act, Muzaffarpur.

Application is, accordingly, rejected.

(Nilu Agrawal, J) Rajesh/- U T