Dr. Istehaque Ahmad Khan @ Dr. Md. Ishtiyaque Ahmad Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27556 of 2018 Arising Out of PS. Case No.-269 Year-2017 Thana- PUPRI District- Sitamarhi ====================================================== Dr. Istehaque Ahmad Khan @ Dr. Md. Ishtiyaque Ahmad Khan S/o Ateek Ahmad, R/o Vill.- Rudauli, P.S.- Bajpatti, District- Sitamarhi, A/p - Vill. + P.S.- Pupri, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Jha For the Opposite Party/s :
Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Pupri P.S. Case No.269 of 2017 registered under Section 376(D) of the Indian Penal Code as well as under Sections 4, 8, 6 and 10 of the POCSO Act.
Allegation in brief is that the prosecutrix earlier eloped with her paramour Md. Mumtaj and after two months he brought her to the clinic of the petitioner who is a quack practicing along with his wife and there she was kept in confinement and also raped by the petitioner and his younger brother and recovery of the girl was also made from his house. Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.27556 of 2018(5) dt.18-07-2018 2/2 prosecutrix was being treated by the petitioner's wife and the allegation is false and fabricated and the petitioner has been in custody in this case since 08.09.2017.
Having considered the aforesaid facts and circumstances, the nature of accusation and the recovery of the girl from the petitioner's house, presently the prayer of bail of the petitioner is rejected.
However, the trial court is directed to expedite the trial and preferably conclude the same within a year. If the same is not concluded within the stipulated period, the petitioner may renew his prayer of bail. (Arun Kumar, J) S.KUMAR/- U T