Shekh Saidullah @ Md.Saidullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36647 of 2023 Arising Out of PS. Case No.-354 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== SHEKH SAIDULLAH @ MD.SAIDULLAH son of Shekh Islam VillageBagha Nagarwa Ps- Ghorasahan Dist- East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Minakshi Kumari For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2023 Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with POCSO Trial no. 144 of 2020/CIS no. 173/2020 registered under section 376 of the Indian Penal Code and section 4 of the POCSO Act.

3. As per allegation in the FIR lodged by the 14 year old minor informant, the petitioner committed rape on her as a result of which she is in the family way.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 2.9.2021 passed in Cr. Misc. no. 12471 of 2021. Petitioner is an old man aged about 50 years and is in custody since 5.9.2020.

Patna High Court CR. MISC. No.36647 of 2023(3) dt.26-07-2023 2/2

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner of having committed rape on the 14 year old minor informant who has supported the case in her statement under section 164 Cr.P.C, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Prakash/- U