Firoz Shah @ Md. Firoz Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63121 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Firoz Shah @ Md. Firoz Shah Son Of Shahbu Shah @ Shabhu Singh Resident Of Village - Sanjivan Dargah, P.S. - Kurtha, District - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Mistry For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kurtha P.S. Case No. 208 of 2023 instituted for the offence under Sections 366(A), 504, 506, 376 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner is that he abducted the minor daughter of the informant with the assistance of other persons. It is further alleged that when the victim was recovered and her statement was recorded under Section 164 of Cr.P.C. in which she stated that this petitioner ravished her. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.63121 of 2023(4) dt.30-01-2024 2/3 that petitioner has been falsely implicated in this present case. It is further submitted from para-7 that this petitioner was invited on the birthday ceremony of the son of co-accused and the victim girl was also present at that event. It is further submitted that medical report of the victim girl does not corroborate with the prosecution version which is at para-21 of the case diary. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.07.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR and the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C., in which she stated that this petitioner forcibly abducted her and brought her to Patna where he ravished her forcefully. The victim is minor as per her deposition.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and

Patna High Court CR. MISC. No.63121 of 2023(4) dt.30-01-2024 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T