Md. Mumtaz @ Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19382 of 2024 Arising Out of PS. Case No.-281 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Md. Mumtaz @ Mumtaz S/o Md. Wasil @ Wasil R/o Vill - Majhuwa Panchayat Chhatiauna, P.S. - Bousi Basetti, Dist. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the State :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special (POCSO) Case No. 77 of 2023 arising out of Raniganj (R.S.O.P.) P.S. Case No. 281 of 2022 registered for the offence punishable under Section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, a minor girl is alleged to have been raped by the petitioner.

4. It has been submitted by learned counsel for the petitioner in his defence that it is the prosecution who have forced him and wanted to marry the victim and has also taken some land from the petitioner. This kind of defence of the petitioner will not be considered at this stage. The petitioner is

Patna High Court CR. MISC. No.19382 of 2024(2) dt.02-04-2024 2/2 in jail since 22.09.2023.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the nature of allegation, I am not inclined to grant bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. The Court below is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T