Ahtesham @ Ahtesham Khan @ T. V. Mistry Ehtesham v. The State Of Bihar

Patna High Court Cr.Misc. No.48819 of 2017 (03) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48819 of 2017 Arising Out of PS.Case No. -560 Year- 2017 Thana -KATIHAR District- KATIHAR ====================================================== Ahtesham @ Ahtesham Khan @ T. V. Mistry Ehtesham, son of Basim Kha @ Basim Khan Resident of Mohalla - Baghwabari, P.S. - Nagar, District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bidhan Chandra Jha-Advocate For the Opposite Party/s : Mr. Binod Kumar-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner happens to be rapist of a minor girl. It has been submitted on behalf of petitioner that in Para-4 of the case diary wherein further statement of informant has been incorporated, does not reveal with regard to an incidence committed on 08.08.2017. It has also been submitted that petitioner was brutally assaulted and then, was produced before the police and for that, counter-case has also been instituted. Also submitted that during course of examination of the victim, the doctor had not supported the case of the rape. Apart from this, there happens to be inconsistency in between statement recorded under

Patna High Court Cr.Misc. No.48819 of 2017 (03) dt.14-11-2017 Section 161 Cr.P.C. as well as Section 164 of the Cr.P.C. of the victim. So, petitioner should be released on bail. On the other hand, learned Additional Public Prosecutor.

Identifying the status of the petitioner, prayer for bail is rejected.

(Aditya Kumar Trivedi, J) Vikash/- U T