Md Namiya @ Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32953 of 2023 Arising Out of PS. Case No.-501 Year-2022 Thana- AMARPUR District- Banka ====================================================== MD NAMIYA @ SHAMIM SON OF MD SATTAR Village- Dhimra, P.S.- Amarpur, Dist-Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Amarpur P.S. Case No. 501 of 2022 for the offence punishable under Sections 420, 376, 313 of the Indian Penal Code and section 4 of POCSO Act lodged on 11.9.2022 by the informant, Muskan.

As per the prosecution story, the victim girl alleged that she was being sexually exploited by this petitioner and when she became pregnant, he gave her a medicine. This worsened her health, was taken to Referral Hospital, Amarpur where miscarriage took place. Accordingly, the FIR. Considering the kind of allegation that has come against the petitioner of having sexually exploited the girl and thereafter also caused miscarriage forcing the child who could

Patna High Court CR. MISC. No.32953 of 2023(3) dt.28-08-2023 2/2 have seen the light of the world leaving it at the time of birth itself, no relief can be granted to him.

The bail application stands rejected.

(Rajiv Roy, J) Ravi/- U T