Mojahir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20100 of 2015 Arising Out of PS.Case No. -192 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mojahir Hussain Son of Mainuddin resident of village - Bajhiya Khurd, P.S. Kotwa, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr. Ravindra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.

The petitioner seeks bail in a case under Section 366, 366(A) of the Indian Penal Code.

The father of the victim made allegation that the petitioner, who is a married man, enticed her minor daughter aged about 15 years. The victim made her statement under section 164 of the Cr. P.C. and she disclosed that the petitioner on the pretext to marry with her took her to Ludhiana and established physical relationship with her for one and half months but petitioner did not marry with her.

It is submitted that only grievance of the informant is that the petitioner could not marry with the victim but from

Patna High Court Cr.Misc. No.20100 of 2015 (2) dt.03-07-2015 2/2 perusal of the statement of the victim it appears that victim is a minor girl about 15-16 years and she was raped by the petitioner. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer is rejected.

The trial court is directed to expedite the trial and conclude the same within a period of nine month from the date of receipt/ production of a copy of this order.

(Prabhat Kumar Jha, J) BKS/- U T