Mehdi Hassan @ Md. Mehadi Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45574 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -MORKAHI District- KHAGARIA ====================================================== Mehdi Hassan @ Md. Mehadi Hussain Son of Md. Majlum Resident of Village- Sahuri, Police Station- Morkahi, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Adv. For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2016 Heard both sides.

The petitioner apprehends his arrest in Morkahi P.S. Case No. 79/2016, registered for the offences punishable under Sections 376, 34 of the Indian Penal Code and Sections 3 and 4 of the P.O.C.S.O. Act.

The father of the victim alleged that while his ten years old daughter had gone to graze she-goat the petitioner committed rape with her.

Mr. Krishna Prasad Singh learned senior counsel appearing for the petitioner submitted that the victim of course made statement under Section 164 Cr. P.C., but disclosed that the petitioner committed bad deeds. The doctor did not support the allegation as the doctor found that attempt to rape was made.

Patna High Court Cr.Misc. No.45574 of 2016 (2) dt.24-11-2016 2/2 Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T