Md Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43470 of 2021 Arising Out of PS. Case No.-253 Year-2020 Thana- PIPRAHI District- Sheohar ====================================================== Md Ahmad Son of Nathuni Mansuri @ Nathuni Miayan Resident of village - Dostiya, P.S.- Purnahiya, Distt.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar Mr. Sanjay Kumar Gupta For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Piprahi P.S. Case No. 253 of 2020, registered for the offence punishable under Sections 363, 376D and 120(B) of the Indian Penal Code and section 4/6 of the POCSO Act.

As per the prosecution case, this petitioner committed sexual assault upon the minor daughter of informant. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and no such occurrence has ever taken place. The victim was medically examined, but no external injury was found on her body. Petitioner is in custody since 26.11.2020 having no criminal

Patna High Court CR. MISC. No.43470 of 2021(3) dt.03-01-2022 2/2 antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that the victim girl has fully supported the prosecution version in her statement under Section 164 Cr.P.C and the doctor has assessed her age to be 16 years.

Considering the facts aforesaid and the statement of victim girl under Section 164 Cr.P.C, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T