Dismissed¶20

Md. Azad @ Mohamad Azad @ Mohammad Ajad v. the State of Bihar

Patna HC9 Apr 2024CR. MISC./6254/2024

Case brief

AI extract

What is this about?

Regular bail rejected; POCSO Act Ss. 8/12; IPC Ss. 363/363A kidnapping; victim's Section 164 Cr.P.C. statement naming petitioner; allegation of rape continuously three days; two criminal antecedents; in custody since 01.10.2023; direction to trial court to expedite trial; Patna High Court; CR. MISC. No.6254 of 2024; decided 09-04-2024 by Dr. Anshuman, J.

What did the court decide?

On perusal of the victim's Section 164 Cr.P.C. statement, the Court found an allegation of rape continuously for three days against the petitioner and that the victim had disclosed the petitioner's name. ¶19

Md. Azad @ Mohamad Azad @ Mohammad Ajad Vs the… — Child Sexual Offences (POCSO) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6254 of 2024

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Arising Out of PS. Case No.-514 Year-2023 Thana- BUXAR District- Buxar

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======================================================

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Md. Azad @ Mohamad Azad @ Mohammad Ajad Son Of Late Sheikh Khudarakh @ Late Khudarakh Resident Of Village - Badahiya Tola, Police Station - Majhaulia, District - West Champaran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Md. Ataur Rahman, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

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4 09-04-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶14

The petitioner seeks regular bail in connection with Buxar Town P.S. Case No.514 of 2023, lodged on 22.09.2023, under Sections 363/363A of the Indian Penal Code and Sections 8/12 of the POCSO Act.

¶15

As per the prosecution, FIR has been lodged against three named accused persons other than the petitioner against whom there is allegation that they have kidnapped the niece of the informant.

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that there is absolutely no allegation against the

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Patna High Court CR. MISC. No.6254 of 2024(4) dt.09-04-2024 2/2

¶18

petitioner. Counsel submits that petitioner is also handicapped. He has two criminal antecedents. He is in custody since 01.10.2023.

¶19

Learned counsel for the State opposes the prayer for bail and submits that on the previous occasion case-diary along with statement under Section 164 Cr.P.C. were called for in this case. Upon perusal of the statement recorded under Section 164 Cr.P.C. it transpires to this Court that the allegation of rape continuously three days is there against the petitioner and the victim has disclosed the name of this petitioner.

¶20

In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. The trial Court is directed to expedite the trial and conclude the same as early as possible.

¶21

(Dr. Anshuman, J)

¶22

Mkr./-

¶23

U T

Md. Azad @ Mohamad Azad @ Mohammad Ajad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Azad @ Mohamad Azad @ Mohammad Ajad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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