Md. Iftekhar @ Md. Iftakhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87011 of 2019 Arising Out of PS. Case No.-200 Year-2017 Thana- BAUSI District- Purnia ====================================================== MD. IFTEKHAR @ MD. IFTAKHAR Son of Majnu @ Majanu Resident of Village - Dahki, P.S.- Kadwa, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najeeb Ahmad For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2020 Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Baisi P.S. Case No. 200 of 2017, registered for the offence punishable under Section 366A of the Indian Penal Code.

The allegation is regarding the petitioner having forcibly taken the victim girl to Haryana where he committed rape upon her on several occasions.

The learned counsel for the petitioner has submitted that the age of the victim girl has been

Patna High Court CR. MISC. No.87011 of 2019(5) dt.03-09-2020 2/3 determined as 18-19 years, as is apparent from the report of the medical board, hence, the alleged incident is consensual and cannot be said to be against the wishes of the victim girl, thus, it is submitted that the petitioner is liable to be granted the privilege of bail. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 17.10.2019.

Per contra, the learned APP has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties, perused the materials on record and gone through the case diary. It is apparent from the statement of the victim girl made under Section 164 Cr.P.C., before the learned Magistrate, that the victim girl was allured and taken by the petitioner to Haryana where the petitioner had raped her on several occasions. In fact, it is apparent from the materials available in the case diary that the police, upon investigation, has prima facie found the case to be true as against the petitioner herein, hence, there is no reason for this Court to

Patna High Court CR. MISC. No.87011 of 2019(5) dt.03-09-2020 3/3 take a different view. This Court finds that the petitioner is having complicity in commission of a heinous crime of rape, thus, the petitioner deserves no sympathy.

Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T