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Patna High CourtCR. MISC./48901/2021bail rejected

Md. Nadim @ Mohammad Nadim v. The State Of Bihar

2022-03-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48901 of 2021 Arising Out of PS. Case No.-213 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== MD. NADIM @ MOHAMMAD NADIM Son of MD. MOHAMMAD ABUJAR @ MD. AABUJAR R/o village- Sakraili, Makhnadhar, P.S.- Barari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Nurul Hoda, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 509, 406 and 420 of the Indian Penal Code and sections 67 and 67A of the I.T. Act.

As per the prosecution case, it is stated by the informant that the petitioner spiked her drink and on her becoming unconscious, took objectionable photographs, made the same viral and also committed rape on her. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence as alleged took place. From perusal of the material that has transpired in course of investigation, it appears

Patna High Court CR. MISC. No.48901 of 2021(3) dt.24-03-2022 2/2 that they were on friendly terms. The petitioner is in custody since 26.6.2021 and has no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations together with the same having been supported by the informant in her statement under section 164 Cr.P.C., the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Saurabh/- U T