Nasim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84299 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- Cyber P.S. District- Rohtas ====================================================== Nasim Alam S/o Late Haji Hussain Ansari @ Haji Hussain Ansari R/O vill. Murarpur, P.S- Harsiddhi, Dist.- Motihari .

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Rohtas P.S. Case No. 23 of 2024 instituted for the offence under Section 376 of the Indian Penal Code and Sections 66(E) & 67 of the I.T. Act.

3.

As per prosecution case, informant alleged that the accused, initially, introducing himself as Aryan, established contact with her, later revealing his name as petitioner. He allegedly blackmailed her with objectionable photos, demanded money and a car, and sexually exploited her under threats. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-07-2024. Petitioner

Patna High Court CR. MISC. No.84299 of 2024(3) dt.25-02-2025 2/3 bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner and victim were in love affairs. Learned counsel for the petitioner submits that the said mobile used in alleged occurrence neither belongs to petitioner and the alleged obscene photographs went viral by the victim herself. It is fervently submitted that from perusal of the alleged obscene photographs, it appears that the same is taken on self volition of the victim. Learned counsel for the petitioner lastly submits that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is mainly contended that victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case. It is next submitted that from the FIR itself, it would reveal the obscene photographs went viral at the instance of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence, there being direct allegation against the petitioner, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail is,

Patna High Court CR. MISC. No.84299 of 2024(3) dt.25-02-2025 3/3 accordingly, rejected.

8.

The trial court is directed to conclude the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T