Patna High CourtCR. MISC./6484/2021bail rejected

Md Rakim Alias Rakim v. The State Of Bihar

2021-06-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6484 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- MAHILA P.S. District- Kishanganj ====================================================== MD RAKIM ALIAS RAKIM Son of Zakir Hussain @ Jakir Hussain Resident of Village - Behratola, P.s.- Kishanganj, Distt.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Kishanganj (Mahila) P.S. Case no. 26 of 2020 registered for the offence punishable under section 376/34 of the Indian Penal Code. As per prosecution case, informant was subjected to repeated sexual intercourse on the false promise of marriage. It is submitted on behalf of the petitioner that the petitioner and informant were in love. It is further submitted that as per medical report doctor has assessed the age of the victim between 18 to 20 years. From the FIR, it is crystal clear that a panchyati was held on 03.06.2020 in which father of the petitioner demanded dowry. Petitioner is in jail custody since

Patna High Court CR. MISC. No.6484 of 2021(4) dt.28-06-2021 2/2 21.07.2020.

Learned counsel for the informant opposed the prayer for bail and submitted that there is specific allegation against the petitioner for committing rape upon the victim and the fact has been supported by the victim in her 164 statement. Considering the aforesaid facts the prayer for bail of the petitioner is rejected.

However, petitioner is in custody since 21.07.2020, trial court is directed to conclude the trial of the petitioner as early as possible.

(Prabhat Kumar Singh, J) s.hassan/- U T