Ansar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52341 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -ABADPUR District- KATIHAR ====================================================== Ansar S/o Md. Majnu , R/o Vill.- Maltipur, P.S.- Amdabad, DistrictKatihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Abadpur P.S.Case No. 61 of 2018, corresponding to G.R.No. 2157 of 2018, registered for the offences punishable under Sections 376 of the Indian Penal Code and 4 of POCSO Act.

Allegation against the petitioner is of committing rape upon the prosecutrix, who is minor.

Submission of learned counsel for the petitioner is that medical report has not supported the prosecution case and petitioner is in custody since 20.6.2018.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail on the ground that the girl has supported the prosecution case in her statement

Patna High Court Cr.Misc. No.52341 of 2018 (2) dt.05-10-2018 2/2 under Section 164 Cr.P.C.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T