Md. Saddam @ Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4364 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -MAHILA P.S District- SUPAUL ====================================================== Md. Saddam @ Saddam, Son of Noor Mohammad, Resident of VillageBalha, Ward No.09, P.S. & District-Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Mahila Supaul P.S.Case No. 105 of 2017 registered under Sections 376 of the Indian penal Code and Sections 4 and 6 of POCSO Act.
Allegation in brief is that petitioner raped a child of five years age.
Submission is that doctor has found the age of the girl in between 6 to 8 years and the persons, who apprehended him, were not examined during investigation.
Whereas learned counsel for the State submits that a five years child was raped and injury on the private part too were found and she supported the allegation in her statement recorded under Section 164 Cr.P.C.
Patna High Court Cr.Misc. No.4364 of 2018 (5) dt.09-03-2018 2/2 Having considered the aforesaid facts and circumstances, the prayer for bail of the petitioner is rejected. (Arun Kumar, J) Sujit/- U