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2025 DAILYLAW 77783 (PAT)

Md Nawajis @ Nawazi @ Nawajis @ Nabazi v. The State of Bihar

CR. MISC./67961/2025 · 2025-09-24

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67961 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- MAHILA P.S. District- Araria ====================================================== Md Nawajis @ Nawazi @ Nawajis @ Nabazi Son of Md Rafique @ Sukkhan Resident of village - Diyari Ward No.- 07, P.S.- Araria, District - Araria ... ... Petitioner/s Versus 1. The State of Bihar 2. Informant Daughter of Salkim @ Md Salkin Resident of village - Diyari Ward No.- 08, P.S.- Araria, District - Araria ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md. Ziaul Quamar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 64, 351(2), 351(3) and 3(5) of the B.N.S. and Section 4 of the POCSO Act. 3. As per the prosecution case, on the alleged date and time of occurrence, when informant was cutting grass, in the meantime, petitioner came, dragged her to field, torn her cloth and committed rape with her. When father and other of the informant went to confront, all the named accused persons started assaulting with lathi, danda and katta and ousted them. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.67961 of 2025(2) dt.24-09-2025 2/2 petitioner is innocent and has falsely been implicated in this case. The present case has been lodged by the informant in collusion with her father with the ulterior motive of grabbing the land belonging to the petitioner’s father. Petitioner claims clean antecedent. 5. Learned counsel for the State opposes the prayer for bail. There is specific allegation against the petitioner of committing rape upon the victim and the victim has supported the case of prosecution recorded under Section 180 as well as 183 of the B.N.S.S. and other witnesses have also supported the prosecution in their statement under Section 180 of the B.N.S.S. 6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected AjayMishra/- (Prabhat Kumar Singh, J) U T