Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8343 of 2021 Arising Out of PS. Case No.-211 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== KHURSHID SON OF MD. ASGHAR R/O VILLAGE- ALIPUR, P.S.- BUNIYADGANJ, DISTRICT- GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Buniyadganj P.S. Case no. 211 of 2019 registered under section 354B, 341 and 506 of the Indian Penal Code and section 8 of the POCSO Act. As per allegation in the FIR, on the informant returning to her house, she was informed by her 5 years old daughter about misbehavior by this petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. For an occurrence alleged to have taken place on 4.11.2019 in the day time, inspite of the police station being at a distance of only 1⁄2

Patna High Court CR. MISC. No.8343 of 2021(3) dt.08-07-2021 2/2 km, information was given to the police station only on 5.11.2019 at 3:10 pm and that too after getting the statement neatly typed. It is further submitted that the daughter of the informant has not been medically examined. The petitioner is in custody since 3.9.2020 and has no criminal antecedent. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation directly made against this petitioner as narrated in the FIR together with the 5 years old daughter of the informant having reiterated the allegation in her statement under section 164 Cr.P.C., the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The learned trial Court is directed to expedite the trial. Spd/- (Partha Sarthy, J) U T