Murad Alam @ Murad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41103 of 2018 Arising Out of PS. Case No.-69 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Murad Alam @ Murad, Son of Shaheed Mian @ Sahid, resident of VillageBangra, P.S. Sugauli, District East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Adya Singh For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2018 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Sugauli P.S. Case No. 69 of 2018 registered for the offence punishable under section 376 of the Indian Penal Code and Section 4 & 6 of the POCSO Act.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has committed no alleged offence. He has been falsely implicated due to admitted enmity and village politics. Parties are agnates and there is admitted land disputed between them. There is no eye witness of the alleged occurrence. Petitioner is in custody since 28.02.2018. Learned Addl.P.P. appearing for the State opposes the prayer for bail and submits that there is direct allegation against this petitioner of committing rape upon a minor girl. During investigation, materials have come against the petitioner.

Patna High Court Cr.Misc. No.41103 of 2018(2) dt.17-07-2018 2/2 Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/-Sanjeev U T