Md. Parwez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51579 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Md. Parwez, Son of Late Zuber, Resident of Village - Koshikipur, P.S.- Araria (Bairgachhi), Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Petitioner seeks regular bail in connection with Araria (Mahila) P. S. Case No. 95 of 2018, registered for the offences punishable under Sections 376/34 of IPC and Sections 3⁄4 of the POCSO Act.

As per F.I.R. petitioner and other accused persons continuously have sexual relationship with the daughter of the informant, who was aged about 13 years and due to which, she became pregnant and the accused persons asked her to terminate her pregnancy and then marriage will be solemnized, but the accused persons denied to marry her.

Submission of the learned counsel for the petitioner is that the age of the girl has not been ascertained and there is dispute between the parties from before and as such, the present case has been lodged. The petitioner is in custody since

Patna High Court CR. MISC. No.51579 of 2019(4) dt.20-11-2019 2/2 11.07.2019.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that girl was minor and this is a case of POCSO Act.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T