Afsana Khatoon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56652 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- ABADPUR District- Katihar ====================================================== Afsana Khatoon Daughter of Khabiruddin, resident of Village- Charkhora, P.S. Abadpur, District- Katihar.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Md. Sanjar Alam son of Late Md. Mohsen, resident of Village- Puriya, P.S. Abadpur, District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 This application has been filed for cancellation of bail granted to opposite party Nos. 2 by learned Additional District Judge-I-cum-Special Judge, Katihar by order dated10.9.2017 in connection with Abadpur P. S. Case No. 150 of 2017 registered under Sections 376, 341, 323, 504 and 34 of the Indian Penal code.

The ground for cancellation of bail is that there was delay in lodging the FIR and considering the period of custody opposite party No.2 has been granted bail. However, he remained in custody only for 10 days.

Heard learned APP and learned counsel for opposite party No.2 and perused the impugned order from which it

Patna High Court CR. MISC. No.56652 of 2018(5) dt.24-02-2020 2/2 appears that learned Special Judge has considered the medical report in which her age was assessed at 17-18 years and no sign of rape was found on her person and also considering the materials available on the record he has been granted bail in the year 2018 itself and there is no case of misuse of privilege of bail or tampering with the evidence.

Considering the above, I find no merit in this application.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T