Md. Ibran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23154 of 2020 Arising Out of PS. Case No.-296 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== MD. IBRAN S/o Md. Isahaq Natu @ Md. Isak Resident of Village-Salpur, P.S.-Goradih, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Suresh Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State. The petitioner seeks bail in Sabaur (Goradih) P.S. Case No. 296 of 2019, registered for the offence punishable under Sections 376, 420 and 34 of the Indian Penal Code and section 4/6 of the POCSO Act.

It is alleged that this petitioner on the pretext of marriage, used to commit rape upon the informant (minor), even after informant became pregnant and gave birth to a child the petitioner did not perform marriage with the informant. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.23154 of 2020(2) dt.07-09-2020 2/2 petitioner has falsely been implicated in this case. The allegation is baseless and false. This case is lodged only to create pressure upon the petitioner to marry with the informant. Learned APP vehemently opposed the prayer for bail and submitted that from the statement of victim girl recorded under Section 164 Cr.P.C., it appears that this petitioner forcibly entered into the house of informant and committed rape upon her and threatened her for dire consequences if she revealed the ordeal to anyone.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T