Md. Manjoor @ Md. Manjoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.226 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -SC/ST District- BHAGALPUR ====================================================== Md. Manjoor @ Md. Manjoor Alam Son of Zannat Sheikh, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 376D, 376 (2)(i) of the Indian Penal Code of the Indian Penal Code, 4/6 The Protection of Children from Sexual Offences Act, 2012 and sections 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The accusation is of ravishing the minor daughter of the informant by the petitioner and one Imran. It is submitted by learned counsel for the petitioner that admittedly the informant is not an eye witness to the occurrence and the impugned order does not suggest that the statement of the victim has been recorded, or if recorded, it was

Patna High Court Cr.Misc. No.226 of 2016 (2) dt.06-01-2016 2/2 not considered by the learned Sessions Judge. The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Naugachia SC/ST P.S. Case No.17/2015, pending before the learned Additional District Judge 1st, Bhagalpur.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T