Saheb Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82921 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- INARWA District- West Champaran ====================================================== Saheb Khan Son of Khurshed Khan Resident of Village - Ghodpakari, P.S. - Inarwa, District - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

X (Imaginary of the Informant/ Mother of the Victim) Wife of Junab Khan Resident of Village - Ghorpakadi, P.S. - Inarwa, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Inarwa P.S. Case No. 103 of 2023 registered for the offence under Sections 342, 365, 366A, 376, 323 of the Indian Penal Code and under Section 4 and 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have committed rape upon a minor girl.

4. The petitioner is in custody since 4.12.2023.

5. It has been submitted by the learned counsel for the petitioner that out of 8 witnesses, three witnesses have already been examined.

Patna High Court CR. MISC. No.82921 of 2024(2) dt.18-12-2024 2/2

6. Considering the facts of the case and also in view of the law laid down by the Hon'ble Supreme Court in the case of X Vs. State of Rajasthan and Anr. reported in 2024 SCC OnLine SC 3539, this Court is not inclined to grant bail to the petitioner as the trial has already commenced and the witnesses are being examined.

7. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U