In a criminal appeal regarding allegations of rape against a four-year-old child, the Patna High Court rejected the petitioner's prayer for regular bail, citing strong evidence against him despite his claim of a family dispute.
Prayer for bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24425 of 2020
Arising Out of PS. Case No.-65 Year-2019 Thana- MAHILA P.S. District- Muzaffarpur
======================================================
MD. AZAD Son of Md. Jabbar @ Mohammad Jabbar Resident of Village - Sekhpura, P.S.- Ahiyapur, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the informant : Mr. Raju Kumar Goswami, Advocate For the State : Md. Mushtaque Alam, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 02-12-2020
Heard Mr. Nachiketa Jha, learned counsel for the petitioner, Mr. Raju Goswami, learned counsel for the informant and Md. Mushtaque Alam, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Mahila (Muzaffarpur) P.S. Case No. 65 of 2019 registered for the offences punishable under Sections 376, 323, 341 of the Indian Penal Code 1860 and Section 4/6 of POCSO Act.
The allegation against the petitioner is that he committed rape upon four years old daughter of the informant.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to family
Patna High Court CR. MISC. No.24425 of 2020(4) dt.02-12-2020 2/2
dispute. Learned counsel further submits that petitioner is maternal uncle ( Mama ) of the victim girl and allegation against the petitioner is not probable. Learned counsel further submits that petitioner is in custody since 27.12.2019.
On the other hand, learned counsel for the State as well as the informant vehemently opposed the prayer for bail and submit that the victim girl, who is about four years of age, has supported the allegation against the petitioner in her statement recorded under Section 164 Cr. P.C. and during course of investigation, all the witnesses have supported the allegation against the petitioner as the blood was oozing out from private part of the victim.
Having heard learned counsel for the parties and taking into consideration the materials on record, I am not inclined to grant regular bail to the petitioner.
Accordingly, the prayer for bail of the petitioner stands rejected.
(Anil Kumar Sinha, J)
S.Ali/-
U T
1 issue framed by the court
Whether regular bail is to be granted to the petitioner amidst allegations of rape against a four-year-old child and a family dispute claim?
2 provisions across 2 enactments
MD. AZAD
THE STATE OF BIHAR
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
