Patna High CourtCR. MISC./28903/2025rejected

Nazir Shah v. The State Of Bihar

2025-06-27Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28903 of 2025 Arising Out of PS. Case No.-208 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Nazir Shah S/O Sahju Shah R/O Village- Sewabigha, P.S- Kurtha, Distt.- Arwal.

... ... Petitioner/s

Versus

The State of Bihar 2.

XX S/O YY Village- Sanjiwan Dargah, P.S- Kurtha, Distt.- Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-06-2025 Heard Mr. Shailesh Kumar Singh, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 08.05.2024 in connection with Kurtha P.S. Case No. 208 of 2023, F.I.R. dated 23.06.2023 for the offences punishable under Sections 366A, 504, 506 and 34of the Indian Penal Code and Section 4 of the POCSO.

3. Earlier the bail application of the petitioner was dismissed as withdrawn vide order dated 13.09.2024 passed in Cr. Misc. No. 66031 of 2024.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the

Patna High Court CR. MISC. No.28903 of 2025(3) dt.27-06-2025 2/2 F.I.R. The petitioner is in custody since 08.05.2024.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 of the Cr.P.C. / Section 183 of the Bhartiya Nagarik Suraksha Sanhita in which she has categorically stated that the petitioner along with other accused persons have committed rape upon her and the medical report of the victim also suggest that she has been subjected to sexual assault by the petitioner and other accused persons.

6. Considering the aforesaid facts and circumstances that there is direct and specific allegation against the petitioner supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Kurtha P.S. Case No. 208 of 2023 pending in the court of learned Additional Sessions Judge VI-cum-Special Judge (POCSO Act), Jehanabad.

7. Prayer is refused.

8. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T