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Patna High CourtCR. MISC./47217/2019dismissed

Jishan Ali v. The State Of Bihar

2020-02-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47217 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- MAHILA P.S. District- Siwan ====================================================== JISHAN ALI, Son of Asgar Ali, Resident of Village - Rachho Pali, P.S.- Jamo Bazar, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Siwan Mahila P.S. Case No. 26/2019, registered for the offence punishable under Section 376 (A.B.) of the Indian Penal Code and Sections 4, 6, 8 of POCSO Act.

Allegation against the petitioner is that he has committed rape of minor victim.

Learned counsel for the petitioner submits that the medical report does not support the subject to sexual harassment and he is in custody since 01.05.2019.

On behalf of the State, it is submitted that the petitioner is named in the FIR and the victim girl is minor as per the medical report. She has supported the prosecution case in her statement

Patna High Court CR. MISC. No.47217 of 2019(6) dt.03-02-2020 2/2 under Section 164 Cr.P.C. and the witnesses during investigation also supported the prosecution case.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail.

This application is accordingly dismissed.

However, the court below is directed to expedite the trial and conclude the same as early as possible.

(Vinod Kumar Sinha, J) amitkumar/- U T