Md. Ister @ Khokha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40469 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -MAHILA PS District- KATIHAR ====================================================== Md. Ister @ Khokha Son of Late Thoba Mastan, Resident of Village Lohagara, P.S. Balrampur, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 376/323/506/34 of the Indian Penal Code and 4 POCSO Act. There is specific allegation against the petitioner that he established physical relation with the informant on false promise of marriage.

Submission on behalf of the petitioner is that the prosecution story is absurd and unbelievable because the witnesses in course of investigation made contradictory statement. It is submitted that the informant pressurized the petitioner for marriage and when he refused, the informant lodged this case. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.40469 of 2016 (3) dt.19-11-2016 2/2 well as submissions of the parties, the prayer for bail of the petitioner in connection with Mahila P.S. Case No.65 of 2015 pending in the court of Sri R.P. Singh, Special Judge, Katihar stands rejected. However, petitioner may renew his prayer for bail after six months, if the trial is not concluded within the above stated period.

(Hemant Kumar Srivastava, J) N.H./- U T