Imteyaz Kuraishi @ Surahwa @ Suharwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21007 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Imteyaz Kuraishi @ Surahwa @ Suharwa, Son of Kallu Kuraishi, Resident of Village - Husaina, Ward no. 12,Police Station - Sitamarhi, District-Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Binod Kumar -3, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 01.02.2018 in connection with Sitamarhi P.S. Case No. 85 of 2018, registered for the offence under Section 363 and 366 (A) of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that though her age has been described as 14 years in the FIR. Actually, her age has been determined between 19-21 years by medical board and she has been married to accused petitioner. As such no case made out as against the petitioner. Learned counsel for the State after perusal of the case diary, submits that the victim girl in her statement under Section 164 Cr.P.C. has specifically alleged that she has been intoxicated

Patna High Court Cr.Misc. No.21007 of 2018(4) dt.08-05-2018 2/2 and thereafter, raped by the petitioner as well as others. Considering the aforementioned facts and circumstances and the statement made by the victim girl in her statement under Section 164 Cr.P.C., I am not inclined to grant regular bail to the petitioner. It is accordingly, dismissed. (Anjana Mishra, J) khushbu/- U T