Md. Chunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57598 of 2023 Arising Out of PS. Case No.-77 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== MD. CHUNNA Son of Late Abdul Kayyum Resident of village - Baturbari Marar Tola, ward no. 13, P.S. - Tarabari, Distt. - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Alam Son of Sheikh Suleman Resident of village - Baturbari Marar Tola, ward no. 13, P.S. - Tarabari, Distt. - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manini Jaiswal, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 376/34 of the Indian Penal Code and 3/4 of the POCSO Act.

3. As per the prosecution case, this petitioner on the point of knife committed rape upon the minor daughter of the informant who is dumb and deaf.

4. Learned counsel for the petitioner submits that the petitioner is innocent and have falsely been implicated in this case due to village politics. The entire allegations against the petitioner are false and concocted.

Patna High Court CR. MISC. No.57598 of 2023(2) dt.31-08-2023 2/2

5. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he committed rape of a minor girl who is dumb and deaf.

6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) saurabhkrsinha/- U T