Md. Dukhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57146 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -MAHILA P.S. District- BANKA ====================================================== Md. Dukhan son of Md. Jamal resident of village - Minat Nagar Milki, Gaura, P.S. Dhoraiya, District - Banka.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Banka (Mahila) P.S.Case No. 30 of 2018, corresponding to G.R.No. 1798 of 2018, registered for the offences punishable under Sections 365/34 and later on Sections 376D of the Indian Penal Code and 4/6 of POCSO Act.

Allegation against the petitioner is of committing rape upon minor daughter of the informant and when the informant went to complain she was also assaulted.

Submission of learned counsel for the petitioner is that the victim girl is a consenting party and there is allegation that earlier also she was subjected to rape.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.57146 of 2018 (3) dt.25-10-2018 2/2 bail on the ground that in her statement under Section 164 Cr.P.C. she has stated about commission of rape by the petitioner. Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner. This application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T