Md. Gaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6261 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Md. Gaffar Son of Md. Baun @ Md. Baun Khlifa, Resident of VillagePrahladpur, P.S.- Musahri, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. SMT. ANITA KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Mahua P.S. Case No. 151 of 2017 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4/8 of the POCSO Act. Informant is the grandmother of victim, who in her written complaint on 10.06.2017 has stated that at about 2 am when she did not found her grand-daughter on bed, she started searching her along with other family members and found her in the orchard of Ram Chandra Choudhary in unconscious state and the petitioner lying over her and after seeing them, he tried to flee away but he was caught and when she saw her grand daughter, she found blood oozing out from her rectum and she was continuously crying and was naked. The statement of the

Patna High Court Cr.Misc. No.6261 of 2018(3) dt.28-02-2018 2/2 victim girl under Section 164 of the Cr.P.C was recorded who in her statement has stated that the petitioner took her away and cut her rectum by knife and thereafter raped her, and in the meantime family members reached there and he was caught there. The victim was sent to the hospital on the same day and the doctor examined her and has stated that there is no external injury found on her body and found old blood near vaginal orifice and opined absence of spermatozoa and found no evidence of recent sexual assault. Petitioner has got no criminal antecedent and is in custody since 10.06.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge cum Special Judge, Vaishali at Hajipur in connection with Mahua P.S. Case No. 151 of 2017. (S. Kumar, J) ranjan/- U