Patna High CourtCR. MISC./1989/2024bail rejected

Md Ashfaque v. The State Of Bihar

2024-05-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1989 of 2024 Arising Out of PS. Case No.-691 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== MD ASHFAQUE S/O- MD BASIR VILLAGE MOTI TAPPU, WARD NO14, PATHRAHA ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2024 Learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special POCSO Case No. 65 of 2023 arising out of Forbesganj P.S. Case No. 691 of 2023 lodged on 28.07.2023 under Section 376(D) on the Indian Penal Code and under Section 4 of the POCSO Act.

3. As per the prosecution case, the F.I.R. has been lodged against the present petitioner and one another with an allegation that they have committed rape with he daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 29.07.2023 having no

Patna High Court CR. MISC. No.1989 of 2024(4) dt.03-05-2024 2/2 case pending against him. He further submits that from perusal of statement under Section 164 of the Cr.P.C. and the medical report, no sign of force can be seen.

5. Learned APP for the State opposes the prayer for bail.

6. Learned counsel for the informant submits that under Section 164 of the Cr.P.C., victim has narrated her statement that petitioner along with the other persons have committed rape upon her.

6. In the present fact and circumstance, this Court is not inclined to enlarge the petitioner on regular bail.

7. Accordingly, the regular bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J) sunnykr/- U