Goldi Ansari @ Hujaifa Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52780 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -BAGHAILA District- SASARAM (ROHTAS) ====================================================== Goldi Ansari @ Hujaifa Ansari, S/o Sadique Ansari. R/o village- Padariya, P.S.- Baghaila, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. S.M.Sabir Alam For the Opposite Party/s : Mrs. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

10-12-2015 Heard Mr. S.M.Sabir Alam, learned counsel for the petitioner and Smt. Pronati Singh, learned Addl. Public Prosecutor.

The petitioner, who is in custody in Baghaila P.S. Case No. 64 of 2015 registered for the offence under Sections 366/366(A)/34 of the Indian Penal Code and Section 4/6 of POCSO Act (Protection of Children from Sexual Offences Act, 2012), has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that there is specific contradiction in statement of the victim girl recorded under Section 161 of the Cr.P.C. and section 164 of the Cr.P.C. He submits that ofcourse, in statement recorded under Section 164 Cr.P.C., the victim has made specific allegation

Patna High Court Cr.Misc. No.52780 of 2015 (2) dt.10-12-2015 2/2 against the petitioner, but in statement recorded under section 161 Cr.P.C., contrary stand was taken.

The Court is of the opinion that reliance of the victim can be placed on statement made under Section 164 of the Cr.P.C. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T