Patna High CourtCR. MISC./715/2019bail rejected

Jamshed Ansari v. The State Of Bihar

2019-01-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.715 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- MAHILA P.S. District- Sitamarhi ====================================================== Jamshed Ansari son of Jafir Ansari, Resident of Village-Parihar, Sahoraba Tola, Ward no. 7, P.S.- Parihar, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2019 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi Mahila P.S. Case No.30 of 2018 registered under Sections 376, 506 and 34 of the Indian Penal Code and under Section 4/6 of the POCSO Act.

The victim made allegation that the petitioner and one Guddu Ansari forcibly took her inside the forest while she was cutting grass and committed rape with her one by one. Learned counsel for the petitioner submits that the occurrence is said to have taken place on 10.07.2018 but F.I.R. was lodged on 20.07.2018. The informant alleged that there was a panchayati in which panches decided to get the victim married with Jamshed Ansari (petitioner) but Jamshed Ansari refused to marry. It is submitted that the entire allegation is false. The

Patna High Court Cr.Misc. No.715 of 2019(2) dt.21-01-2019 2/2 victim wanted to marry with the petitioner and on refusal, this case has been lodged.

Having considered the fact that the victim has made specific allegation against the petitioner and one Guddu Ansari who committed rape with her, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If the petitioner surrenders in the court below and prays for regular bail, the court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this Court.

(Prabhat Kumar Jha, J) Harish/- U