Md. Nasim @ Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50722 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Nasim @ Nasim, S/o Ibrahim, Resident of village - Baghdra, P.S. Jokihat, District Araria .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Sharma, Adv. For the Opposite Party : Mr. Shailendra Kumar -2, APP 61 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 376 of the Indian Penal Code.

Allegation against the petitioner is that he committed rape on the informant twice.

Submission of the petitioner is that perusal of the first information report would reveal that this is a case of consensual sex because the victim did not make any protest of the act committed by the petitioner. The petitioner is in custody since 11.09.2016.

Considering the nature of allegation, I am not inclined to grant bail to the petitioner.

The prayer for bail is refused.

The trial Court is directed to expedite the trial. (Birendra Kumar, J) SA/- U √ T √