Md. Rahmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32896 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -SHANKARPUR District- MADHEPURA ====================================================== Md. Rahmat, Son of Md. Yaqub, Resident of Village- Hariraha, Ward No. 2, P.S.- Shankarpur, District- Madhepura.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with POCSO Special Case No. 10 of 2017, arising out of Shankarpur P.S.Case No. 49 of 2017 registered for the offences punishable under Sections 376, 504 of the Indian Penal Code and 4/6 of POCSO Act.

Allegation against the petitioner is that he has committed rape upon a minor girl.

It has been submitted on behalf of the petitioner that FIR shows that the girl was consenting party and her age was assessed at 16 to 18 years and he is in custody since 23.4.2017. Heard learned APP also.

Having heard both sides and in view of nature of

Patna High Court Cr.Misc. No.32896 of 2017 (2) dt.14-07-2017 2/2 allegation and the statement of victim girl recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, learned trial court is directed to expedite the trial and petitioner may renew his prayer for bail in the court below itself after examination of informant in court. (Vinod Kumar Sinha, J) spal/- U