Nekail @ Md. Mikail @ Mo. Mikail v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66103 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== NEKAIL @ MD. MIKAIL @ MO. MIKAIL S/O MD. SAKIM R/o villageHasanpur, P.S.- Balrampur, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Najeeb Ahmad, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner, the State and the learned counsel for the inforamnt.
The FIR vide Balrampur P.S. Case No.127 of 2021 (G.R. No.3164 of 2021) was registered under Sections 376/34 of the Indian Penal Code and Section 4 of the POCSO Act. Allegation against three named accused including the petitioner herein is that when the informant's daughter had gone out to attend the nature's call; this petitioner along with two other co-accuseds dragged her to a nearby field where it is alleged that this petitioner committed rape upon her. When there was delay in the return of the informant's daughter, search was made and the accused persons upon seeing that the informant is approaching, fled away. The police investigated the matter and charge sheet has been submitted against the accused persons. The statement of the victim girl was also recorded under Section
Patna High Court CR. MISC. No.66103 of 2021(2) dt.09-05-2022 2/2 164 of the Cr.P.C. and she has supported the prosecution story and has named this petitioner as the person who committed rape.
Considering the aforesaid fact that the victim girl in her 164 Cr.P.C. statement has supported the prosecution story and named this petitioner as the person who committed rape on her, this Court is not inclined to grant any relief to him for the present.
The bail application is accordingly rejected. (Rajiv Roy, J) Prakash Narayan /- U T