Moulbi Md. Ajam @ Moulvi Ajam @ Md. Ajam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64915 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- JALALGARH District- Purnia ====================================================== MOULBI MD. AJAM @ MOULVI AJAM @ MD. AJAM KHAN Son of Late Md. Mujahid Khan Resident of Village-Muradbagh,P.S. Kasba,Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-12-2018 Heard the parties.

This application is for grant of regular bail in connection with Jalalgarh P.S.Case no.123 of 2013 for the offences under Sections 376, 313 of the Indian Penal Code and Seciton 4, 6,, 8 and 12 of the POCSO Act.

Allegation against the petitioner is that he has committed rape upon the daughter of the informant for continuously three months and when she became pregnant he administered some medicine, due to which bleeding started. Submission of the learned counsel for the petitioner is that the medical report does not support the prosecution case of rape, he has been falsely implicated in this case and he is in custody since 7.7.2018.

Patna High Court Cr.Misc. No.64915 of 2018(4) dt.07-12-2018 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail stating that the girl was found minor in the medical examination and further hymen was found ruptured. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner .

With the aforesaid observation, this application is dismissed.

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