Md Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37566 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== MD ARIF, Son of Late Noor Hasan, Resident of Village - Imam Colony, P.S.- Phulwarisharif, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagma Shamim For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special Case No.12 of 2019 arising out of Phulwarisharif P.S. Case No.101 of 2019 instituted for the offence under Section(s) 376 Indian Penal Code and Section 4 of the POCSO Act pending in the Court of the Special Judge, POCSO, Patna.

It is alleged in the written report that this petitioner took the informant to Banskothi and committed rape with her. Statement of victim girl has been recorded under Section 164 Cr.P.C., wherein, she has supported her case and stated that this petitioner after confining her in a room committed rape with her.

Medical examination of the victim has been done,

Patna High Court CR. MISC. No.37566 of 2019(3) dt.25-07-2019 2/2 wherein, doctor has found linear scratch mark on right cheek, black in colour size about 11⁄2" long, linear scratch mark size about 1⁄2" long over neck. Age of the injuries were within 72 hours. Victim has been examined on 30.01.2019, whereas, occurrence has taken place on 28.01.2019.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected. The trial Court is directed to expedite the trial. (Sanjay Priya, J) J. Alam/- U T