Parvej Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51747 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Parvej Khan S/O Saim Khan @ Shamim Khan R/O Village- Turki Pathan Toli, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 354(B), 376 of the Indian Penal Code and Section 4/8 of POCSO Act.

The prosecution case in nutshell is that petitioner used to pass lewd comments on the minor daughter of the informant in the way. It is also alleged that he entered into the house of the informant and ravished her.

Patna High Court CR. MISC. No.51747 of 2022(3) dt.06-02-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The petitioner was kidnapped by the family members of the victim girl and they have forcefully solemnized marriage between the petitioner and victim girl. since the family members of the petitioner has refused to accept the victim girl as daughter-in-law since that marriage was solemnized under coercion, the name of petitioner has been arrayed in the present case. Moreover, petitioner is in judicial custody since 30.04.2022.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that victim in her statement, recorded under Section 164 of Cr.P.C., has stated about the complicity of the petitioner in the alleged occurrence and she has stated that petitioner has committed rape with her, forcefully, by pressing her mouth.

Having heard the learned counsel for the parties

Patna High Court CR. MISC. No.51747 of 2022(3) dt.06-02-2023 3/3 and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) nirajkrs/- U T