Akhru Jama Khan @ Md. Akhru Zama Khan @ Md. Akharoo Zama Khan @ Sultan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73261 of 2022 Arising Out of PS. Case No.-112 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Akhru Jama Khan @ Md. Akhru Zama Khan @ Md. Akharoo Zama Khan @ Sultan Khan Son Of Late Dr. Makhbool Khan Resident Of VillageFakrudddinpur, P.S.- Mubarakpur, District- Azamgarh (u.p.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mishra, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 12.07.2022, in connection with Mahila P.S. Case No. 112 of 2018 (Special Case No. 158 of 2018), F.I.R. dated 17.08.2018 registered for the offences punishable under Sections 376/34 of the Indian Penal Code, Sections 4/6 of the POCSO Act.

Allegation against the petitioner is that he being the father of the minor victim used to continuously rape upon her and when objected, was threatened to oust her from his house. It is further alleged that the two sons of the other wife of his father too had committed rape upon her several times. Learned counsel for the petitioner submits that the petitioner carries seventeen more cases other than the present one and he has been falsely implicated in the present case due to

Patna High Court CR. MISC. No.73261 of 2022(4) dt.04-07-2023 2/2 land dispute. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and in fact the petitioner is step father of the victim Learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that the statement of the victim girl was recorded under Section 164 of the Cr. P.C. in which she has categorically stated that the petitioner has committed rape along with step brother and the medical report also suggests that the victim was sexually assaulted by the petitioner and the step brother of the victim. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Mahila P.S. Case No. 112 of 2018 (Special Case No. 158 of 2018) pending in the Court of learned Additional Sessions Judge Vith-cum-Special Judge, POCSO, Patna.

Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T