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Patna High CourtCR. MISC./48966/2025rejected

Md. Junsher @ Md. Jamsed @ Md. Jamshed @ Md. Jumsher v. The State Of Bihar

2025-10-15Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48966 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Md. Junsher @ Md. Jamsed @ Md. Jamshed @ Md. Jumsher S/o Md. Abdul R/o Vill - Auray Ward No.12, P.S - Puraini, District - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nurjahan Khatoon W/o Md. Munna R/o Vill- Auray, Ward No. 11, P.S.- Puraini, Distt- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Puraini P.S Case No. 235 of 2024 from the Court of learned District and Additional Sessions Judge-VI-cum-Special Judge, POCSO, Madhepura registered for the offences punishable under Sections 190, 126(1), 115(2), 64, 329(4), 352, 351(2), 351(3) of the BNS and Section 4 of the POCSO Act.

3. As per allegation in the FIR, petitioner entered into the room of the victim girl and tried to rape the victim.

Patna High Court CR. MISC. No.48966 of 2025(3) dt.15-10-2025 2/2

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 24.04.2025 and petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary and impugned order it appears that, there is specific allegation against the petitioner for rape and sexual assault of minor girl aged about 13 years.

7. Considering the aforesaid facts and circumstances of the case, seriousness of the offence this Court is not inclined to grant bail to the petitioner. Hence, prayer for regular bail of the petitioner is hereby rejected. (Ramesh Chand Malviya, J) Mayank/- U T