Patna High CourtCR. MISC./38951/2022dismissed

Hafir @ Killa v. The State Of Bihar

2022-09-30Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38951 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== HAFIR @ KILLA Son of Hasim @ Jaggu @ Hasim Miyan Resident of village- Sahpur, P.S.- Muffasil, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Muffasil P.S. Case No.116/2022 instituted under Section 376 of the I.P.C. and Section 4 of POCSO Act. As per the FIR, the informant has alleged that her daughter had gone to eat 'Golgappa' but failed to return and was later found in an unconscious state. Upon regaining consciousness, she informed that the petitioner had intoxicated her and committed rape. Accordingly, the FIR was lodged. Learned counsel for the petitioner submits that the case is not what has been unfolded in the FIR and the petitioner

Patna High Court CR. MISC. No.38951 of 2022(2) dt.30-09-2022 2/2 has unnecessarily been dragged in the matter. Learned APP on the other hand submits that there is direct charge of rape against the petitioner. More than that, the further allegation is that the victim girl was intoxicated before she was raped and in the aforesaid circumstance, he does not deserve bail.

Taking into account what has unfolded in the FIR, this Court for the present is not inclined to grant any relief to him and the bail application is accordingly dismissed. (Rajiv Roy, J) Prakash Narayan /- U T