Md. Sarfaraz @ Tetar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32332 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -ISHOPUR District- BHAGALPUR ====================================================== Md. Sarfaraz @ Tetar, S/o Md. Tamiz @ Tamiz @ Md. Tameezuddin, R/o Vill.- Piyalapur, P.S.- Ishipur Barahat, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary- 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 13.01.2018 in connection with Ishipur Barahat P.S. Case No.06 of 2018 (G.R. No.152/18) registered for the offence under Sections 341, 323, 504, 376 of the Indian Penal Code and Section 4 of the POCSO Act, 2012, which is pending in the court of learned 1st A.D.J., Bhagalpur.

The allegation against the petitioner is that the victim girl, who is said to be 16 years of age, had been sexually exploited for over two years by the petitioner and thereafter, he refused to marry her.

Diary in the present case was called for, which has

Patna High Court Cr.Misc. No.32332 of 2018 (6) dt.18-08-2018 2/2 since been received.

The victim girl is, admittedly, a minor as per the medical report and she had been exploited for the past two years, which means that she was a minor at the time of occurrence. Considering the aforementioned facts and circumstances and the materials which have come in the case diary, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T