Ashraf Rain @ Imamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26494 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- MAHILA PS District- Buxar ====================================================== ASHRAF RAIN @ IMAMUDDIN Son of Bhuar Rain @ Ashagar Resident of Village- Dhelwani Muhalla Dumraon, P.S.- Dumraon, District- Buxar (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Buxar (Mahila) P.S. Case No. 91 of 2018 dated 23.12.2018 instituted for the offences under Sections 376, 506, 201, 120B and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

The petitioner is alleged to have subjected the victim girl to rape on the pretext of marrying her but never kept his promise.

It has been submitted on behalf of the petitioner that from the perusal of the 164 statement of the victim girl, it would appear that the marriage could not be performed because of the opposition of her own family members and not because of the petitioner having

Patna High Court CR. MISC. No.26494 of 2019(4) dt.17-08-2019 2/2 run away from the commitment which he had made with the victim girl.

However, looking at the age of the victim girl and the nature of accusation made against the petitioner, I am not inclined to grant bail to the petitioner for the present.

Accordingly, the prayer for bail is rejected. (Ashutosh Kumar, J) krishna/- U T