Md. Sharukh Khan @ Md. Shahrukh Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.51374 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51374 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== MD. SHARUKH KHAN @ MD. SHAHRUKH KHAN S/o Farukh Khan, R/o Village- Sitanabad, Ward no .6, Bichala Tola Uttari Panchayat, P.S.- Bakhatiyarpur, District- Saharasa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.07.2017 in connection with Simri Bakhtiayarpur P.S. Case No. 130 of 2017 for the alleged offences under Sections 376/201 of the Indian Penal Code and subsequently added Section 4 of the POCSO Act and Section 66(e) of the I.T. Act.

3. It is submitted that the petitioner has been falsely implicated and in fact it is a case of love affair between the petitioner and the so-called victim girl who were found in a compromising position by the informant.

4. Having regard to the nature of accusations and gravity of the offence alleged as well as the deposition of the girl recorded

Patna High Court Cr.Misc. No.51374 of 2017 (2) dt.13-11-2017 under Section 164 Cr. P.C., wherein she has claimed her age to be 17 years and assessed as 16 years, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Chandran/BT U T