Patna High CourtCR. MISC./6528/2021bail rejected

Amir Miya @ Aamir Miya v. The State Of Bihar

2021-04-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6528 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== Amir Miya @ Aamir Miya aged about 25 years Son Of Late Hakim Miya Resident Of Village- Nougaowa, P.S.- Bathwariya, Distt- West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramakant Sharma, Senior Advocate and Mr.Rakesh Kumar Sharma, Advocate For the Opposite Party :

Mr.RVR Raman, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Chautarwa (Bathwariya) Police Station Case No. 201 of 2020 registered for the offences punishable under section 376 of the Indian Penal Code.

As per the prosecution case, the petitioner entered into the room of the informant and forcibly committed sexual assault on her and when she cried, her family members rushed there and caught the petitioner on the spot.

Learned counsel for the petitioner submits that in fact there is love affair between informant & petitioner and petitioner used to make physical relation with consent and cannot be said to

Patna High Court CR. MISC. No.6528 of 2021(2) dt.16-04-2021 2/2 be rape. Besides this, the prosecutorix was medically examined and she was found to be 19/20 years old. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 9.6.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner of committing sexual assault on the informant. Considering the facts and circumstances of the case and the fact that there is specific allegation against the petitioner of committing sexual assault on the informant, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shashi U T