Patna High CourtCR. MISC./29635/2020bail rejected

Md. Tanwir Alam v. The State Of Bihar

2021-01-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29635 of 2020 Arising Out of PS. Case No.-59 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MD. TANWIR ALAM Son of Abbas @ Md. Abbas Resident of Village-Gogi Pothia, Ward No. 13, P.S.- Forbesganj (Simraha), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda, Advocate.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2021 This matter has been taken up in virtual Court. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 363 and 364A/34 of the Indian Penal Code.

Allegation against the petitioner is that he kidnapped to minor daughter of the informant to whom the petitioner was giving tuition. Later on the victim in her statement recorded under Section 164 Cr.P.C. stated that the petitioner forcefully took her and ravished her on different dates. Learned counsel for the petitioner submits that the injury report would reveal that the doctor has found hymen ruptured, but no recent sign of sexual assault was noticed as there was no injury on private or external part of the body of the

Patna High Court CR. MISC. No.29635 of 2020(3) dt.15-01-2021 2/2 victim.

On dental examination, the age of the victim was assessed in between 14 to 16 years and it is surprising as on what basis the doctor concluded that the age of the victim is in between 17 to 19 years, through there was no ossification report or otherwise report of medical examination.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail in connection with Forbesganj (Simraha) P.S. Case No. 59 of 2020. Hence, prayer is refused.

Learned trial Judge is directed to expedite the trial of the aforesaid case.

(Birendra Kumar, J) mantreshwar/- U T