Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32012 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -BIHPUR District- BHAGALPUR ====================================================== Md. Saddam Son of Azim, Resident of Village- Bihpur, Police StationBihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 This application is for grant of regular bail in connection with Bihpur P.S. Case No. 119 of 2017 registered for the offence under section 376/34 of the Indian Penal Code. Allegation against the petitioner is of commission of rape upon the victim.

Submission of the learned counsel for the petitioner is that in the statement recorded under section 164 of the Criminal Procedure Code, the victim girl has not stated about the commission of rape, rather she has stated that the petitioner has attempted to commit rape upon her. Further submission is that the petitioner is in custody for about 2 1⁄2 months. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.32012 of 2017 (3) dt.01-08-2017 2/2 circumstances of the case, at this stage I am not inclined to grant bail to the petitioner. The petitioner may renew his prayer for bail once the informant is examined in the court below. The learned court below will consider the evidence of the informant and will pass an appropriate order.

Accordingly, this petition is dismissed.

(Vinod Kumar Sinha, J) Mahesh/- U T