Md. Anjam @ Ajam @Md. Ajam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36127 of 2022 Arising Out of PS. Case No.-229 Year-2018 Thana- BELDOUR District- Khagaria ====================================================== Md. Anjam @ Ajam @MD. Ajam Son Of Late Md. Abbas R/O- Vill- Kainjri Ward No.-2, P.S.- Beldaur, Dist.-KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Beldaur P.S. Case No. 229 of 2018 lodged under Sections 376/34 of the I.P.C. and Sections 3/4 of POCSO, Act. As per the prosecution case, the present case is the result of 156 (3) of the Cr.P.C. in which the date of occurrence is 24.11.2018 and F.I.R. has been lodged on 20.12.2018 with allegation that the petitioner has committed rape with the complainant/informant along with the help of another coaccused. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36127 of 2022(6) dt.20-12-2022 2/3 petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 24.02.2022 having clean antecedent. Charge sheet has already been framed in this case and case is going on at stage of defence. Learned counsel for the petitioner submits that petitioner is father of 2 sons and 4 daughters, all residing together. He submits that petitioner was a victim of threat of local criminal in the year 2016 and in this regard, he has already filed Sanha no. 66 of 2016 dated 23.02.2016 before the S.D.M. in which there was a threat to his family members about outraging the modesty of his daughter and also about his implication in the false case, which is annexed in annexure-2 in the present case.

Learned counsel for the petitioner submits that POCSO Act shall not attract in this case at all, due to the reason that the in the medical report the age of the rape victim was found to be 22 years. Learned counsel for the State opposes the prayer for bail and submits that it is true that present case is a complaint case and filed with a delay but in her statement made under Section 164 of Cr.P.C. the alleged victim has fully supported her narration as made in the complaint/F.I.R. Learned counsel for the State submits that charge has been framed in this case and case is at the stage of evidence.

Patna High Court CR. MISC. No.36127 of 2022(6) dt.20-12-2022 3/3 In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail application is rejected. Liberty is hereby granted to the petitioner that he may renew his prayer for bail 6 months from today. Trial Court is directed to expedite the trial as earliest as possible.

(Dr. Anshuman, J.) ashishsingh/- U T