Md. Mukhtar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3371 of 2026 Arising Out of PS. Case No.-142 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Md. Mukhtar Ansari S/o Late Kaiyyum Ansari Resident of Village - Rampur, Ward no. 09, P.S - Forbesganj, District - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX S/o YYY R/o Village - Rampur South, Ward No. 09, P.S - Forbesganj, District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar Rana, Advocate For the State :

Mr. Surendra Prasad Singh, APP For the O.P. No.2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears on behalf of the opposite party no.2.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Forbesganj P.S. Case no.142 of 2024, registered under sections 376, 323, 342, 504, 506 and 34 of the Indian Penal Code and section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have committed rape on the 13 year old minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such

Patna High Court CR. MISC. No.3371 of 2026(4) dt.22-04-2026 2/2 occurrence as alleged in the F.I.R. has taken place. The medical report does not support the prosecution case insofar as the alleged victim was found to be aged between 16 to 19 years and in the opinion of the doctor there was no evidence of any fresh sexual assault.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the victim has supported the prosecution case in her statement recorded under section 183 of the B.N.S.S., 2023/164 of the Cr.P.C.

6. Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having committed rape on the daughter of the informant together with the allegations having been supported by the victim in her statement under section 183 of the B.N.S.S., 2023/164 of the Cr.P.C, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.

(Partha Sarthy, J) avinash/- U T