Nasir Miyan @ Md. Nasir Miyan @ Md. Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16233 of 2018 Arising Out of PS.Case No. -31 Year- 2017 Thana -MAHILA P.S. District- SARAN ====================================================== Nasir Miyan @ Md. Nasir Miyan @ Md. Nasir, son of Sarfuddin Ansari, resident of Village- Karn Kudariya, P.S. Mashrakh, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Saran Mahila (Mahila) P.S. Case No. 31 of 2017 registered under Section 376/34 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act. Petitioner along with other accused persons are said to have lifted the minor daughter of the informant under the influence of some intoxicating substance and took her to isolated place where one of the co-accused namely Sonu Raja committed rape against her while the petitioner and others stood on guard. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has no occurrence with the aforesaid occurrence. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.16233 of 2018 (3) dt.17-05-2018 2/2 merely because the informant had caught Sonu Raja in compromising position with her daughter and the petitioner and others had managed to get the aforesaid accused set free. There is no allegation of sexual assault against the petitioner. Doctor has not found any sort of injury on the person of the victim. Petitioner is a student and has been languishing in custody since 17.01.2018. On the other hand, learned APP vehemently opposing the bail petition submitted that the petitioner has committed gang rape against the minor daughter of the informant lifting her from her house in the night by administering some intoxicating substance. Hence, he does not deserve bail. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of commitment of the case. (Prakash Chandra Jaiswal, J) Mishra/- U T