Guljar Khan @ Md. Guljar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36627 of 2016 Arising Out of PS.Case No. -152 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Guljar Khan @ Md. Guljar Son of Kamal Khan Resident of Village Thana Chock, Jamui, P.S. and District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 354A of the Indian Penal Code and 4, 7, 8 of the Protection of Children from the Sexual Offences Act.

The prosecution case is that on 20.05.2016 at 7.00 A.M. the informant was returning home after meeting her mother from the hospital, when this petitioner Guljar Khan and his brother Billa Khan caught hold of her and took her in the house and both after pushing on bed tried to ravish her, but as soon as they tried to undress her she raised alarm. Though, the occurrence was being seen by the Kamal Khan his wife and his daughter.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.36627 of 2016 (3) dt.09-09-2016 petitioner that medical report of victim reflects no injury and she has been found aged about 18 years. Hence, no application of Protection of Children from the Sexual Offences Act has been made out. Even assuming the accusation no offence of Penetrating Sexual Assault under Section 3 of the Protection of Children from the Sexual Offences Act is made out. Accusation has been levelled in the background of a petty land dispute between the parties. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of prayer for bail of the petitioner, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Jamui P.S. Case No. 152 of 2016, pending in the court of learned Chief Judicial Magistrate, Jamui.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T