Md. Nishar @ Nishar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55089 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- FORBESGANJ DistrictAraria ====================================================== MD. NISHAR @ NISHAR ALAM SON OF MD. TASVEER ALAM @ TASAVIR RESIDENT OF VILLAGE- DHOLBAJJA WARD NO. 08, BAIJNATHPUR, PSFORBESGANJ, DIST- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2023 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned A.P.P. for the State.

The petitioner seeks bail in connection with Special POCSO Case No. 37 of 2023 arising out of Forbesganj P.S. Case No. 309 of 2023 registered for the offence under Sections 376 of the Indian Penal Code and 4 and 6 of the POCSO Act.

The minor daughter of the informant is alleged to have been raped by the petitioner and she was subjected to threaten for her dire consequence.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.55089 of 2023(3) dt.26-09-2023 2/3 submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits that on bare perusal of the F.I.R., it appears that the occurrence is alleged to have been committed on 11.04.2023 whereas the instant F.I.R. has been lodged on 12.04.2023 after one day without any explanation which appears to be an afterthought just to implicated the petitioner in the present case. The petitioner is rotting in judicial custody since 13.04.2023.

Learned A.P.P. for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the there is direct allegation of commission of rape upon the minor daughter of the informant against the petitioner. The victim in her statement recorded under Section 164 Cr.P.C. has categorically stated that the petitioner has committed rape upon her and apart from that the medical examination of the victim also suggest that she was sexually assaulted by the petitioner. He further submits that the victim was medically examined and she was found minor at the time of

Patna High Court CR. MISC. No.55089 of 2023(3) dt.26-09-2023 3/3 occurrence.

Considering the nature of allegation of rape upon the minor victim, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.

(Rajesh Kumar Verma, J) brajesh/- U