Md. Juned v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44391 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Md. Juned S/o Ava Hussain @ Aiava Hasan, R/o Vill.- Barpokwar, P.S.- Balrampur, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Rahmatullah, Advocate For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with G.R. No.1407 of 2018 (Balrampur P.S. Case no. 54 of 2018), registered for the office under Sections 376, 506, 34 of the IPC and Section 4 POCSO Act.

Allegation against the petitioner is of committing rape upon the informant.

Submission of the learned counsel for the petitioner submits that the F.I.R. has been lodged after delay of two days as well as statement of the victim girl recorded under Section 164 Cr. P. C. itself shows that entire allegation against the petitioner is false and fabricated. It is also submitted that the medical report does not support the story of rape and he is in custody since

Patna High Court Cr.Misc. No.44391 of 2018 (3) dt.04-09-2018 2/2 18.05.2018.

Heard learned A.P.P. as well as learned counsel for the informant oppose the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner and it is accordingly dismissed. (Vinod Kumar Sinha, J) Sudha/- U