Patna High CourtCR. MISC./48231/2024bail rejected

Md. Rashid Ansari v. The State Of Bihar

2024-11-11Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48231 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== MD. RASHID ANSARI S/O LATE HAMID MIYAN ANSARI R/O VILLAGE- PIRGANJ, P.S- MAKHDUMPUR, DISTT.- JEHANABAD. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

MD. SHAMSAD S/O MD. SHAHZAD R/O VILLAGE- PIRGANJ, P.SMAKHDUMPUR, DISTT.- JEHANABAD. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kr. Verma, Adv.

Mr.Sanjay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-11-2024 Heard Mr. Anirudh Kumar Verma, learned counsel for the petitioner and the State.

2. The petitioner is in judicial custody in connection with Makhdumpur (Tehta O.P) P.S. Case No.56 of 2024, Special POCSO Case No. 23/2024 for the offences punishable under Sections 376, 354 and 506 of the Indian Penal Code and Section 4, 6 and 8 of the POCSO Act lodged on 11.02.2024 by the informant.

3. As per the prosecution story, the informant alleged that the ten year's old victim girl was raped by this petitioner. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that due

Patna High Court CR. MISC. No.48231 of 2024(4) dt.11-11-2024 2/2 to the village politics, he has been implicated, he has no criminal antecedent and is in custody since 12.02.2024 (para-13 of the petition).

5. In this case, the Co-ordinate Bench had called for the case diary as also the statement of the victim girl which are now on record.

6. The trial commenced and the learned APP has taken this Court to the deposition made by the victim girl before the trial court in which she has fully supported the prosecution story and has narrated what happened on that particular day.

7. The allegation is of committing rape on a ten years old girl, she has appeared before the trial court, according the deposition she is a student of Class-III, the facts have been explained in detail by her, in that background, the only conclusion that comes before this Court is to reject the bail application. Accordingly, the bail application stands rejected. (Rajiv Roy, J) perwez U T