Salim Miyan @ Md. Salim Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27560 of 2020 Arising Out of PS. Case No.-42 Year-2019 Thana- SALIMPUR District- Patna ====================================================== SALIM MIYAN @ MD. SALIM MIAN S/o Late Aasin Miyan Resident of Village-Saidpur, P.S.-Salimpur, District-Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rekha Prasad For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 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 and learned A.P.P for the State.
The petitioner seeks bail in Salimpur P.S. Case No. 42 of 2019, registered for the offence punishable under Sections 342, 323, 377 of the Indian Penal Code.
As per the prosecution case, petitioner is alleged to have committed unnatural offence with the informant's son aged about 12 years after administering liquor to him. It is submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. There is no eye-witness of the occurrence. Medical report
Patna High Court CR. MISC. No.27560 of 2020(2) dt.19-10-2020 2/2 does not support the prosecution story. Petitioner is in custody since 28.05.2020 having no criminal antecedent as stated in para 3 of the bail petition.
Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific allegation against this petitioner that he committed unnatural offence with the informant's son after administering liquor. 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