Md. Nasim @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11766 of 2018 Arising Out of PS. Case No.-66 Year-2017 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Md. Nasim @ Munna Kumar, S/o Md. Allauddin, resident of VillageChandanpatti, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pradhan Murli Manohar Prasad, Advocate Mr. Raju Kumar Goswami, Advocate For the Opposite Party/s :

Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 09.11.2017 in connection with Mahila P.S. Case No. 66 of 2017 pending in the Court of Sri S.K. Roy, learned Judicial Magistrate 1st Class, Muzaffarpur registered for the offence punishable under Sections 295, 295(A), 341, 342 and 376(D) of the Indian Penal Code and Sections 4 and 5 of the Immoral Traffic Prevention Act.

The prosecution case, as lodged by the informant, Kiran Kumari, is that petitioner was working in an export firm along with her and on the pretext of marriage took her to his village where petitioner and his father used to assault her,

Patna High Court Cr.Misc. No.11766 of 2018(3) dt.30-03-2018 2/2 committed rape upon her and also made her a prostitute. It has been submitted by the learned counsel for the petitioner that the victim lady is a married woman with two children and was blackmailing the petitioner for demand of Rs. 2-3 lakhs for construction of her house. He submits that no such occurrence took place and the petitioner has been falsely implicated.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage. This application is, accordingly, rejected.

(Nilu Agrawal, J.) Arjun/- U T