Patna High CourtCR. MISC./18370/2015rejected

Mushraf Ali v. The State Of Bihar

2015-09-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18370 of 2015 Arising Out of PS.Case No. -122 Year- 2013 Thana -TEDHAGACHH District- KISANGANJ ======================================================

1. Mushraf Ali son of Shamsuddin @ Goda Resident of village- Mushara Paschim Tola, Police Station- Tedhagachh, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sajid Salim Khan For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be own maternal uncle of the victim but victim very categorically stated in her statement recorded under section 164 of the Cr.P.C that this petitioner not only committed rape on her but when the victim became pregnant, the petitioner got aborted her pregnancy.

Learned counsel for the petitioner submits that the statement of victim recorded under section 161 of the Cr.P.C. at Para 109 of the case diary in which, victim stated that she solemnized her marriage with one Md.Nazir with whom she went to Jaipur and, therefore, the aforesaid contradictory statement of the victim creates doubt about the genuineness of the prosecution

Patna High Court Cr.Misc. No.18370 of 2015 (3) dt.15-09-2015 2/2 story. It is further contended by him that moreover, the victim was medically examined and she was found major.

Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to grant privilege of bail to the petitioner and accordingly, his prayer for bail in connection with Tedhagachh P.S.Case No. 122 of 2013 pending in the court of Additional Chief Judicial Magistrate, Kishanganj stands rejected.

(Hemant Kumar Srivastava, J) Namita/- U