Noor Hasan Gaddi @ Nurhasan Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72135 of 2021 Arising Out of PS. Case No.-296 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== NOOR HASAN GADDI @ NURHASAN GADDI S/o Hira Gaddi, R/o Village- Malahi Tola, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bairiya P.S. Case No. 296 of 2020 lodged under Sections 376, 504 and 506/34 of the Indian Penal Code.

As per the allegation, the informant has disclosed that her daughter went for natural call in the field of sugarcane and the informant has faith that his mentally ill daughter has been raped by the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner himself is old aged person of about 65

Patna High Court CR. MISC. No.72135 of 2021(4) dt.17-10-2022 2/2 years and the allegation of rape is absolutely false and not correct. He further submits that petitioner is in custody since 15.07.2021 having clean antecedent and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail and submits that in 164 statement the alleged victim has adduced her evidence with the help of recognized interpreter and categorical statement is to rape with her. In the present facts and circumstances of the case, I am not inclined to grant bail to the petitioner, therefore, the bail petition of the petitioner is hereby rejected. (Dr. Anshuman, J.) ravishankar/- U T