Naseem Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47810 of 2018 Arising Out of PS.Case No. -641 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Naseem Shekh S/o Shameem Shekh @ Shameem Ahmad, R/o MohallaShahjalpir, P.S.- Sasaram Town, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sushant Kumar, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sasaram Town P.S.Case No. 641 of 2018, registered for the offence under Sections 376 of the Indian Penal Code and 6/8 POCSO Act.

As per F.I.R., allegation against the petitioner is of committing rape upon the minor daughter of the informant, who is aged about 10 years.

Submission of the learned counsel for the petitioner is that the medical report does not support the prosecution case and he is in custody since 22.04.2018.

Heard learned A.P.P. also who opposed the prayer for bail on the ground that the statement of the victim girl

Patna High Court Cr.Misc. No.47810 of 2018 (2) dt.26-09-2018 2/2 recorded under Section 164 Cr. P. C. supported the prosecution case.

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.

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