Md. Mohi @ Md. Irshad @ Md. Mohid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35198 of 2016 Arising Out of PS.Case No. -201 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================
1. Md. Mohi @ Md. Irshad @ Md. Mohid Son of Md. Zakir, resident of Village- Blat, P.S.- Sakari, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 201 of 2016 registered for the offences punishable under sections 364, 376, 307/34 of the Indian Penal Code.
An young girl aged about 18 years was bodily lifted and carried on a vehicle to a lonely place. One Md. Suleman is alleged to have raped her and thereafter Md. Suleman and one another brutally assaulted her causing atleast seven injuries on her person.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.35198 of 2016 (2) dt.20-08-2016 petitioner that the petitioner has no concern, in any manner, with the alleged offence. He has falsely been implicated in this case and the entire allegation is confined against Md. Suleman. On the other hand, learned counsel for the State has submitted that from perusal of the impugned order passed by the learned Sessions Judge it would appear that in course of investigation it transpired that the another accused who accompanied Md. Suleman was the petitioner. It would also be evident that after being arrested the petitioner confessed his guilt before the police and stated that it was he who was accompanying Md. Suleman on the relevant date of occurrence. Having heard learned counsel for the parties, considering the gravity of the offence, I am not inclined to grant bail to the petitioner in connection with Madhubani Town P.S. Case No. 201 of 2016 giving rise to Sessions Trial No. 203 of 2016 pending in the court of the learned 3rd Additional Sessions Judge, Madhubani. Accordingly, his application for bail is rejected.
(Ashwani Kumar Singh, J) Amin/- U