Md. Ajajul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35487 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- DHAKA District- East Champaran ====================================================== Md. Ajajul S/o Md. Salam @ Salam R/o village- Mohabbatpur Dhaka, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2020 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 Dhaka P.S. Case No. 270 of 2019, registered for the offence punishable under Sections 376AB of the Indian Penal Code and section 6 of the POCSO Act.

As per the prosecution case, while the daughter of informant aged about 6 years was going to Bathan, this petitioner committed rape with her.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is

Patna High Court CR. MISC. No.35487 of 2020(2) dt.21-12-2020 2/2 in custody since 09.08.2019 having no criminal antecedent, as stated in para 3 of the petition.

Learned APP however, vehemently opposed the prayer for bail and submitted that the victim girl in her statement under Section 164 has stated that petitioner has committed rape with her.

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