Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49485 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Md. Akbar Son of Md. Saleem Resident of Mohalla - Gaffar Hasti Harjrat Ali Lane Hrahampura, P.S.- Hrahampura, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Smt. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 376 (G) and 34 of the I.P.C and sections 4, 8, 12, 17 and 18 of the POCSO Act.

Allegedly, the petitioner forcibly brought the minor informant in a bush of the railway colony and in the way other coaccused Saddam Hussain and Md. Arif also met along with two unknown and co-accused Arif and Saddam caught her hand and the petitioner opened her Salbar but on the request of the victim Saddam and Arif went away from there and the petitioner raped the informant and further two friends of the petitioner also committed rape with the informant.

Patna High Court Cr.Misc. No.49485 of 2015 (3) dt.03-02-2016 2/2 Submission is of false implication and that the FIR has been lodged after three days of the occurrence, due to dispute of government land the petitioner has been implicated, there is variation in her statement recorded under section 164 Cr.P.C. from her earlier statement as recorded in the fardbeyan, co-accused Md. Arif has been allowed bail vide Cr. Misc. No. 29463 of 2015 and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that Md. Arif @ Bablu has not raped the informant, whereas, the petitioner has raped her.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, heinous in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Brahampura P.S. Case No. 79 of 2015 pending in the court of 1st Additional Sessions Judge- Cum- Special Judge POCSO, Muzaffarpur.

(Jitendra Mohan Sharma, J) Abhay/- U T