Md. Noor Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13178 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -MAHILA PS District- KATIHAR ====================================================== Md. Noor Hussain, Son of Md. Alam, Resident of Village- Lalganj (Rosna O.P.), P.S.- Pranpur, District- Katihar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Md. Musowir, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.01.2017 in connection with Mahila P.S. Case No. 86 of 2016 for the alleged offences under Sections 376, 313, 511, 504, 34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. It is submitted that the petitioner has been falsely implicated and the FIR has been instituted eight months after the occurrence first alleged.

4. Learned APP on the other hand opposes the bail petition submitting that the informant is minor and the petitioner have established physical relationship on the promise of marriage which amounts to no consent.

5. Having regard to the nature of accusations and

Patna High Court Cr.Misc. No.13178 of 2017 (2) dt.04-04-2017 gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Chandran/BT U T