Patna High CourtCR. MISC./69603/2019dismissed

Sheikh Miraj @ Mangnu v. The State Of Bihar

2019-12-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69603 of 2019 Arising Out of PS. Case No.-1154 Year-2013 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SHEIKH MIRAJ @ MANGNU S/O Sheikh Feku Resident of Village- Ward No.- 7, Parora, Police Station- Cheriya Bariyarpur, District- Begsuarai. ... ... Petitioner/s

Versus

The State of Bihar 2.

Sheikh Lal Mohammad @ Mallahu S/O Late Sheikh Abdul Rahman R/O Village- Parora, Police Station- Cheriyabariarpur, Distt.- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhimanyu Sharma For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.08.2019 in connection with Complaint Case No. 1154C/2013 for the alleged offences under Sections 376, 498A and 500 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the parties and Title Suit No. 234 of 2012 is also going on. There is delay in filing of the complaint on 04.06.2013 for the alleged occurrence of 26.05.2013. The complaint has been lodged under Sections 376, 498A and 500 IPC, but cognizance has been taken only under Section 354 IPC. There is no medical report of examination of the so-called victim girl. The petitioner claims clean antecedents.

4. Learned counsel for the complainant appears and

Patna High Court CR. MISC. No.69603 of 2019(2) dt.11-12-2019 2/2 opposes the bail petition. It is submitted that the petitioner has committed the offences alleged upon the complainant's six-yearold daughter and as such, cognizance ought to have been taken also under the POCSO Act. He also invites reference to the certified copy of the order dated 22.08.2019 passed on surrender-cum-bail petition by J.M. 1st Class, Begusarai, in which the learned J.M. 1st Class has taken note that summons, bailable warrant and non-bailable warrant were issued against the accused, who did not appear before the court and finally process under Section 82 Cr. P.C. had been issued. The petitioner appeared before the court four years thereafter. It is therefore submitted that the petitioner had remained absconder and there is direct allegation of having committed the offence against the six-year-old daughter of the complainant.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) HR/- U T