Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9269 of 2021 Arising Out of PS. Case No.-65 Year-2020 Thana- FALKA District- Katihar ====================================================== Md. Danish Son Of Late Mujahid Resident Of Village - Bharsia, Police Station - Falka, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Gautam For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Falka P.S. Case No. 65 of 2020 registered for the offence punishable under Sections 366A, 376, 120(B) of the Indian Penal Code.

Allegation against the petitioner is that petitioner abducted informant's daughter in the night of 19.02.2020 at about 2:00 am and performed illicit act with her by forcing her to do so. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner had love affairs with victim, therefore in the night the victim open the door

Patna High Court CR. MISC. No.9269 of 2021(4) dt.20-09-2021 2/2 and went away at her own. It appears that the victim was habituated to the intercourse and although no sign and injury of any sexual intercourse was then found after examination by doctors and further aged is found to be 17 years. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and he is languishing in custody since 21.02.2020.

Learned APP for the State vehemently opposing the bail petition submits that from perusal of statement of victim recorded under Section 164 Cr.P.C. and paragraph 87 of the case diary, it is clear that both support the prosecution case that petitioner had performed illicit intercourse with the victim. In the facts and circumstances of the case, I am not inclined to grant privilege of bail to the petitioner in connection with Falka P.S. Case No. 65 of 2020 to the satisfaction of Learned Additional Chief Judicial Magistrate - I, Katihar corresponding to G.R. No. 816 of 2020.

Accordingly, prayer for bail of the petitioner is hereby rejected.

However, learned trial court is directed to expedite the trial. (Anjani Kumar Sharan, J) GAURAV S./- U T