Md. Firoz Sah @ Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38367 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== MD. FIROZ SAH @ MD. FIROZ Son of Sobarati Sah, Resident of Village - Momin Tola, Vishunpurwa, Ward No. 10, P.S. - Loriya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-05-2021 This matter has been taken up in Virtual Court. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

The petitioner pretended himself as Vikash Yadav on mobile call to the victim and induced her for marriage. Took the victim to a lonely place and ravished her. These facts are evident from the statement of the victim recorded under Section 164 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner is in custody since last one year. The matter appears to be of love affairs. He further submits that the doctor who

Patna High Court CR. MISC. No.38367 of 2020(7) dt.19-05-2021 2/2 medically examined the victim did not find any sign of rape, etc. Since the victim was a minor, the victim cannot be disbelieved at this stage. Hence, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 15 of 2020 arising out of Cheria Beriyarpur P.S. Case No. 78 of 2020. Prayer for bail of the petitioner is refused. Learned trial Judge is directed to expedite the trial. (Birendra Kumar, J) mantreshwar/- U T