Bail application in a rape and POCSO case where the petitioner allegedly established a physical relationship with the informant using a false identity, religion and promise of marriage. The Court noted the victim's statement and the Sessions Court's earlier rejection of bail, and declined to grant bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 7199 of 2024
Arising Out of PS. Case No.-482 Year-2023 Thana- RAXAUL District- East Champaran
======================================================
MD. IMRAN MIYAN S/O HASNAIN MIYAN R/O VILLAGE- NAUKA TOLA WARD NO. 5, P.S- RAXAUL, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Tiwari For the Opposite Party/s : Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 17-02-2024
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No. 7199 of 2024(2) dt.17-02-2024 2/2
for bail and submits that allegation in the F.I.R. is that the petitioner has contacted with the informant on mobile, called her and developed physical relationship and thereafter disclosed his false identity that he is Hindu and unmarried. Subsequently, it came to the knowledge of the informant that his religion is not Hindu rather he was Muslim and married.
(Dr. Anshuman, J)
sunnykr/-
U
1 issue framed by the court
Whether bail should be granted to the petitioner accused of rape under false identity and false promise of marriage in a POCSO case.
3 provisions across 3 enactments
Md. Imran Miyan
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
