Md Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3588 of 2024 Arising Out of PS. Case No.-236 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Md Afroz S/o Abdul Kayyum R/o Village- Piprahi, P.S.- Ladaniya, DisttMadhubani ... ... Petitioner

Versus

1.

The State of Bihar 2.

Mr. X NA Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Ashhar Mustafa, Advocate For the State :

Mr.Narsingh Tanti, Addl Public Prosecutor For the informant Mr. Rananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner, the State and the informant.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 323, 376 and 354 of the Indian Penal Code and section 4 of the POCSO Act

3. As per the prosecution case, on the pretext of feast, petitioner called minor daughter of the informant at his home and committed rape on her. Petitioner also took obscene photographs of the victim and exploited her.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case to blackmail the petitioner. Medical

Patna High Court CR. MISC. No.3588 of 2024(3) dt.26-04-2024 2/2 evidence belies the prosecution case. Petitioner claims clean antecedent. He is in custody since 6.7.2023.

5. Learned counsel for the State and the informant oppose the prayer for bail. He submits that the victim in her 164 Cr.P.C. statement has supported the prosecution case.

6. Considering the nature and gravity of allegation as well as section 164 Cr.P.C. statement of victim, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T