Md. NasirversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16094 of 2026
                      Arising Out of PS. Case No.-134 Year-2025 Thana- ABADPUR District- Katihar
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                 Md. Nasir S/o- Late Aminuddin R/v- Maltipur Ps- Abadpur Dist- Katihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhola Prasad, Adv.
                 For the Opposite Party/s :       Mr.Renu Kumari, APP
                                                  Mr. Fakhra Tamaz Akhter, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                      Heard Learned Counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner is apprehending arrest in a case

                   registered for the offences punishable in connection with

                   Abadpur P.S. Case No.134 of 2025 under Sections 126(2),

                   115(2), 64, 76, 352, 351(2) and 3(5) of the BNS, 2023 pending

                   before the court of A.C.J.M.-III, Katihar.

                                3. As per the prosecution, the FIR has been lodged

                   against seven named accused persons including the petitioner

                   with allegation that the petitioner had committed rape with the

                   informant. Subsequently, other accused persons have also

                   assaulted and abuse the informant.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He submits
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          that the petitioner has been falsely implicated in the present case

          as there is no evidence for commitment of rape. He further

          submits that a counter-case has been lodged by mother of the

          petitioner against the informant and others.

                       5. Counsel further submits that on the tea shop,

          scuffling took place between the parties and case has been

          lodged. He further submits that the occurrence alleged to be

          taken place on 12.12.2025, but FIR has been lodged on

          17.12.2025. He further submits that the allegation of

          commission of offence is absolutely false and not accepted in

          the light of case and counter-case.

                       6. Learned Counsel also submits that antecedent of

          the petitioner is clean and ready to fulfill all the conditions

          whatsoever shall be imposed upon him.

                       7. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that in the rejection

          order, the Trial Court at the time of rejecting the anticipatory

          bail of the petitioner have categorically acknowledged that the

          statement made under Section 183 of the BNSS, the informant

          has supported the allegation in her statement.

                       8. Counsel further submits that counter-case may be

          looked into. He further submits that counter-case has been
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                     lodged on 20.12.2025 i.e., after delay of 3 days of filing of the

                     present case. As such, anticipatory bail application of the

                     petitioner may be rejected.

                                  9. Learned APP for the State opposes the prayer for

                     bail and submits that statement of the victim under Section 183

                     of the BNSS has acknowledged by way of supporting the

                     specific allegation made in the FIR.

                                  10. In the present facts and circumstances, this Court

                     is not inclined to grant anticipatory bail to the petitioner,

                     therefore the bail application of the petitioner is hereby rejected.



                                                              (Dr. Anshuman, J)
Prakashmani/-

U      T