Irfan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49851 of 2018 Arising Out of PS. Case No.-268 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Irfan Khan , Son of Rahman Khan, resident of Village- Bhuwalpur, P.S.- Chainpur, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Rajani Kant Pandey, Advocate For the Opposite Party/s :

Sri Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-08-2018 Heard Sri Rajani Kant Pandey, learned counsel for the petitioner and Sri Nirmal Kumar Sinha, learned Additional Public Prosecutor.

The sole petitioner, who is in custody in connection with Bhabua P.S. Case No. 268 of 2018 , registered for the offence under Section 366(A)/34 of the Indian Penal Code, 1860 , has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner was made accused in the F.I.R. only on suspicion. He further submits that during investigation statement of the victim girl was recorded under Section 164 of the Code of Criminal Procedure , 1973 in which she has not asserted anything against the petitioner, whereas, learned Additional Public Prosecutor submits that during investigation the victim,

Patna High Court Cr.Misc. No.49851 of 2018(2) dt.20-08-2018 2/2 who is minor, has categorically stated regarding involvement of the petitioner.

Considering the nature of accusation, I am not inclined to grant bail.

The prayer for bail stands dismissed.

(Rakesh Kumar, J) praful/- U T