Md. Anwarul Mansuri @ Anwarul Haque @ Md. Anwarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 45733 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -BABUBARHI District- MADHUBANI ====================================================== Md. Anwarul Mansuri @ Anwarul Haque @ Md. Anwarul, S/o Late Hanif Mansuri, R/o Village - Ekhattha, P.S. - Khutauna, District - Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

22-10-2016 The sole petitioner, who is in custody only since 23-06-2016 in Babubarhi P.S. Case No. 105 of 2016, corresponding to G.R. No. 36 of 2016 registered for offence under Sections 366(A), 376 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act, 2012 (i.e. POCSO Act), has prayed for grant of bail.

In the F.I.R., the petitioner was named as accused on an allegation of kidnapping and committing rape with a minor girl aged about 14 years. The statement of the victim girl, recorded under Section 164 of the Cr.P.C., has been brought on record, as Annexure - 2 to the present petition.

Sri Lakshmi Kant Sharma, learned Addl. Public Prosecutor, by way of referring to statement of the victim girl, submits that the age of the victim girl was noticed at the time of

Patna High Court Cr.Misc. No.45733 of 2016 (2) dt.22-10-2016 2/2 her statement recorded under Section 164 of the Cr.P.C. as 15 years and she has made specific allegation that she was raped by the petitioner.

There is no reason to grant bail to the petitioner. Dismissed.

(Rakesh Kumar, J.) Anay U T