Md. Nasim @ Md. Naseem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34750 of 2024 Arising Out of PS. Case No.-51 Year-2022 Thana- MAHILA P.S. District- Samastipur ====================================================== Md. Nasim @ Md. Naseem Son of Md. Hasan Jan Resident of village - Shahpur, Baghauni, Ward No.- 13, P.S.- Waini O.P., District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Md. Anzarul Haque Sahara For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks anticipatory bail in connection with Mahila P.S. Case No. 51 of 2022 registered for the offence under Sections 376D, 342, 323, 504, 506/34 of the Indian Penal Code, under Section 4/6 of the POCSO Act and under Section 67(A) of the I.T. Act.

3. As per the prosecution case, the allegation against the petitioner and others is of committing gang rape upon the victim.

4. Learned counsel for the petitioner press this application on the ground that some of the co-accused person/s have been acquitted.

Patna High Court CR. MISC. No.34750 of 2024(2) dt.19-07-2024 2/2

5. Learned APP for the State has opposed the application of the petitioner.

6. Considering the fact that the petitioner is an accused in the case of gang rape and is an absconder, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this application is dismissed.

8. The petitioner is directed to surrender within four weeks from today and pray for regular bail. (Sandeep Kumar, J) Vikas/- U T