Mohammad Sitare @ Md. Sitare v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62412 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Mohammad Sitare @ Md. Sitare S/O Late Mohammad Sohail, Resident of Village- Chakbhikhi, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 354(c), 506, 379, 376 and 120B of the Indian Penal Code and Section 4/6 of the POCSO Act.

The allegation against the petitioner is of committing rape upon the victim girl.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to village party politics. He submitted that it is a case of love affairs. The petitioner has no criminal antecedent as stated in para-3 of the bail petition. It is also

Patna High Court CR. MISC. No.62412 of 2022(3) dt.21-03-2023 2/2 submitted that petitioner is languishing in judicial custody since 06.07.2022.

Learned APP appearing on behalf of the State has vehemently opposed the prayer for bail and submits that the victim is a minor girl and she stated in her statement that the petitioner committed rape on her after broken the window and entered in the room, where she was sleeping.

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.

Learned trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Arish/- Sushma/- U T