Yusuf Mian @ Md. Yusuf Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14038 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- SURYAPUR District- Rohtas ====================================================== YUSUF MIAN @ MD. YUSUF ANSARI S/O YAKUB MIAN @ MD. YAKUB ALAM RESIDENT OF VILLAGE- MOTHA, P.S.- KARAKAT, DISTRICT- ROHTAS.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Krishna Prasad Singh, Sr. Advocate Bhaskar Shankar, Advocate For the State :
Mr. Md. Anbzarul Haque, APP For the Informant :
Mr. Shashi Kant, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 354B, 323 and 341 of the Indian Penal Code and section 12 of the POCSO Act. As per allegation in the FIR, it is stated by the minor informant that in the past the petitioner has been travelling with her and taking the benefit of the absence of the parents misbehaved, molested her and tried to outrage her modesty. It is submitted by learned Senior counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.14038 of 2021(3) dt.05-08-2021 2/2 case. No medical examination as mandated under section 164A of the Cr.P.C. has taken place. No case under the POCSO Act is made out. The petitioner is in custody since 28.11.2020 and investigation in the case has concluded.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the allegations levelled in the FIR together with the statement under section 164 Cr.P.C. of the minor informant, 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