Patna High CourtCR. MISC./24125/2020dismissed

Md. Rabbul v. The State Of Bihar

2020-11-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24125 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== MD. RABBUL, Son of Late Rustam @ Late Rustam Ali, Resident of Village - Maradangi Tikkar, P.S. Azam Nagar, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of committing rape with her minor daughter.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is in jail custody since 30.07.2019 and has clean antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail petition and submits that the statement u/s 164 Cr.P.C. of the

Patna High Court CR. MISC. No.24125 of 2020(4) dt.09-11-2020 2/2 informant has supported the prosecution case. The petitioner is the father and there is allegation against the petitioner is that he has committed rape with her own daughter.

I have perused the case diary and record, the case diary witnesses have also supported the prosecution case and all the witnesses have supported the prosecution. The medical report has not supported the prosecution.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Azam Nagar P.S. Case No. 191 of 2019 pending in the Court of learned A.D.J.-1st cum Special Judge, Katihar.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T