Patna High CourtCR. MISC./38309/2021rejected

Md. Tanjeem v. The State Of Bihar

2022-02-24Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38309 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- JALALGARH District- Purnia ====================================================== MD. TANJEEM Son of Late Ajim Resident of Village- Piparpate, Ward No. 11, P.S.- Jalalgarh, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Jalalgarh P.S. Case No. 133/20 registered for the offences punishable under Sections 450, 506, 376 of the IPC and Section 4 of the POCSO Act.

As per prosecution case, on 26.08.2019 when the informant was alone in her house, the petitioner entered into her house and committed rape on her. It is further alleged that the petitioner threatened her not to disclose the matter with anyone

Patna High Court CR. MISC. No.38309 of 2021(4) dt.24-02-2022 2/2 as he will perform marriage with her.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that petitioner is in custody since 11.02.2021. The learned Additional Public Prosecutor on the basis of the material available on the record and the case diary submits that statement of the victim recorded under Section 164 Cr.P.C. supports the prosecution version. He further submits that due to the said occurrence the victim became pregnant and now she has a female child.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail and accordingly, the same stands rejected.

However, the learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) shahzad/- U T