Naushad Miyan @ Md. Nousad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23802 of 2020 Arising Out of PS. Case No.-120 Year-2019 Thana- KIUL District- Lakhisarai ====================================================== NAUSHAD MIYAN @ MD. NOUSAD S/O Late Nikhar Miyan Resident of Village - Goddih, P.S. - Kiul, Distt.- Lakhisarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Sahay, Mr. Randhir Kumar No.1, Advocates For the Opposite Party/s :
Mr. Md. Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-11-2020 Heard Mr. Ravi Shankar Sahay, learned counsel for the petitioner and Mr. Md. Sufyan, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Kiul PS Case No. 120/2019 registered for the offence punishable under Sections 342, 376, 511of the Indian Penal Code and Section 8 of the POCSO Act.
3. The allegation against the petitioner, as per First Information Report, is that in the night on 29.12.2019, when the informant with his family had gone to attend a function leaving her eight years old daughter alone, the petitioner entered into the house of informant and taking benefit of the situation, took away the victim, a minor girl to the bank of the river and
Patna High Court CR. MISC. No.23802 of 2020(4) dt.10-11-2020 2/3 stripped her clothe and tried to commit rape but due to alarm raised by the victim, the petitioner fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and both the parties are close door neighbours. Learned counsel further submits that age of the victim girl was assessed by the doctor as 12 years whereas in the first informant report, the age of the girl has been declared as eight years. Learned counsel also submits that there is land dispute between the parties. However, both the parties have arrived at compromise which would be evident from Annexure-2.
5. On the other hand, learned counsel for the State referring to the statement of the victim girl, submits that the victim girl has supported the prosecution story and has clearly stated that petitioner, in order to commit rape, had stripped her clothe and touched her naked body.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that victim is a minor girl, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is, hereby, rejected.
Patna High Court CR. MISC. No.23802 of 2020(4) dt.10-11-2020 3/3
7. Petitioner, if so advised, may renew his prayer for bail after nine months from today, if the trial does not show any progress.
(Anil Kumar Sinha, J) perwez U T