Md. Isfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69742 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== Md. Isfaque, son of Md. Idrish, resident of village- Sheikh Bigha, P.S. Obra, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Aurangabad Mahila P.S. Case No. 01 of 2018 registered for the offence punishable under Sections 448, 376D and 504 of the Indian Penal Code and Section 4 of POCSO Act. Informant who claimed her to be minor has alleged committing of rape upon her by five FIR named accused including petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that in the medical examination, Medical Officer has not found any external or internal injury on the person of victim or on her private part. Petitioner has no

Patna High Court Cr.Misc. No.69742 of 2018(4) dt.10-12-2018 2/2 criminal antecedent and he is in custody since 15.03.2018. Bail of similarly placed co-accused, namely Md. Alamgir has been rejected vide order dated 19.07.2018 passed in Cr. Misc. No. 31188 of 2018.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail is rejected. However, petitioner may renew his prayer for bail after framing of charge.

(S. Kumar, J) veena/- U T