Md. Israfil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2217 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Md. Israfil, Son of Md. Liyakit, Resident of village - Goda, P.S.- Kusehwar Asthan, District - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shama Sinha, Advocate For the Opposite Party : Mr. Kalyan Shankar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 342 and 376 of the Indian Penal Code and Section 4 of POCSO Act.

It is alleged in the written report that petitioner committed rape with ten years old daughter of the informant. The learned A.P.P. has submitted that victim girl in her statement before the police in para-8 of the case diary and in her statement under Section 164 of Cr.P.C. have supported the case and levelled specific allegation against this petitioner of committing rape with her. The independent witnesses in para-6, 7, 9, 10 of the case diary have also supported the case as an eye-

Patna High Court Cr.Misc. No.2217 of 2017 (3) dt.16-02-2017 2/2 witnesses. The victim girl was medically examined and doctor has found her age between 11 to 12 years. Since, there is serious allegation against the petitioner of committing rape with minor girl aged about 12 years, this court is not inclined to grant petitioner regular bail.

Accordingly, bail petition of the petitioner is hereby rejected in connection with Kuseshwar Asthan P.S. Case No. 04 of 2016.

Petitioner is granted liberty to renew his prayer for bail after six months, if no substantive progress is made in the trial.

(Sanjay Priya, J.) ravi/- U T