Md. Alamgir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31188 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== Md. Alamgir S/o Md. Mosim, R/o Vill.- Sheikhbigha, P.S.- Bbra, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 01 of 2018, registered for the offence punishable under Sections 448, 376(D), 504 of the Indian Penal Code and Section 4 of the POCSO Act.

The allegation is regarding the accused persons having confined the victim girl, aged 14 years and all the accused persons are said to have committed rape with the victim girl.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. Per contra, the learned counsel for the victim girl has submitted that the F.I.R. has been lodged by the victim

Patna High Court Cr.Misc. No.31188 of 2018(5) dt.19-07-2018 2/2 girl and the factum of the case has been supported by her during the course of her examination under Section 164 Cr.P.C. before the learned Magistrate.

Having regard to the facts and circumstances of the case, materials available in the case diary as also in view of the fact that the petitioner has engaged in a heinous crime, I am not inclined to enlarge the petitioner on regular bail. Accordingly, the present petition is dismissed. (Mohit Kumar Shah, J) ajay gupta/- U T