Patna High CourtCR. MISC./74919/2023bail rejected

Arman Ali v. The State Of Bihar

2023-11-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74919 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- MAHILA P.S. District- Saran ====================================================== Arman Ali S/O Husaina Ali 2 Husain Ali Village- Hussainganj, Ps. Hussainganj, Dist. Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mahila P.S. Case No. 86 of 2022 lodged under Sections 376 (A) (B) of the I.P.C. read with Section 3⁄4 of the POCSO Act.

3. As per the allegation made in the F.I.R., there is allegation of rape against the petitioner to the informant's daughter who was aged about 7 years.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that under conspiracy, petitioner's name has figured in this case.

5. Counsel further submits that petitioner is in custody since 15.12.2022 having clean antecedent.

6. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.74919 of 2023(2) dt.29-11-2023 2/2 for bail and submits that from the rejection order, the discussion relating to case diary and medical report has been made. After the medical examination, doctor has found the strong evidence of recent attempt of intercourse with the victim aged about 7 to 9 years and the victim has identified the accused just after the occurrence.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Prakashmani/- U