Ashaz Alam @ Ashaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1629 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashaz Alam @ Ashaj Alam son of Eajrail Ansari, Resident of Village - Mirpur, P.S. - Chiraiya, District - East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she stated that she was raped by the petitioner. The victim was found minor by the learned Magistrate who recorded the statement of the victim under Section 164 of the Cr.P.C. as well as the Medical Board. The contention on behalf of the petitioner is that the victim was more than 16 years at the time of alleged occurrence and as a matter of fact, she was a consenting party and that is the reason she stated in her statement that when she as well as petitioner were caught in objectionable condition, her brother

Patna High Court Cr.Misc. No.1629 of 2016 (2) dt.18-01-2016 2/2 started beating her.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail at least at this stage and accordingly, his prayer for bail in connection with Chiraiya P.S. Case No.214 of 2015 stands rejected.

(Hemant Kumar Srivastava, J) N.H./- U T