Mohammad Arman @ Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37311 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- MAHILA P.S. District- Siwan ====================================================== Mohammad Arman @ Md. Arman Son Of Md. Alamgir Sah @ Alique Sah R/O- Village- Rampur Pandey Tola, P.S.- Bhagwanpur Hat, Dist.-SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 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 Siwan Mahila P.S. Case No. 03 of 2022 lodged under Section 376 of the I.P.C. and Section 4/6 POCSO Act.

As per the prosecution case, the allegation of rape upon minor girl is there in the F.I.R. Learned counsel for the petitioner submits that both the petitioner and informant are neighbours. He further submits that the entire case has been filed in view to solemnize the marriage between the alleged victim and the petitioner. Learned counsel for the petitioner further submits that petitioner is in custody since 03.03.2022

Patna High Court CR. MISC. No.37311 of 2022(2) dt.22-09-2022 2/2 having clean antecedent and charge sheet has already been filed. Learned counsel for the petitioner submits that there is a delay of 48 days in filing the present F.I.R.

Learned counsel for the State opposes the prayer for bail and submits that the allegation of rape is there in the F.I.R. and charge sheet has been filed in the same provision of law as well as 164 statement the victim has fully supported the commission of rape against her.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail and the bail application is rejected.

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