Md. Ashique @ Asif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7769 of 2023 Arising Out of PS. Case No.-84 Year-2020 Thana- RAUTARA District- Katihar ====================================================== MD. ASHIQUE @ ASIF S/o Md. Ainul Haque R/o Village- Chanpi, P.O. and P.S-- Rautara, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Rautara PS case no. 84 of 2020, registered for the offences punishable under Sections 376, 504 of the Indian Penal Code.

The case of the prosecution in brief, according to he informant is that the petitioner had enticed the daughter of the informant and on the pretext of solemnizing marriage with her, had taken her to Mumbai and after 25 days, the daughter of the informant had rang her on phone and told her that the petitioner has forcibly established physical relationship with her, whereafter the husband of the informant had gone to Mumbai and brought her daughter back to his home.

Patna High Court CR. MISC. No.7769 of 2023(2) dt.18-05-2023 2/3 The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the victim girl is a divorcee and her parents had, after hatching a conspiracy, married the petitioner forcibly with her and moreover, the F.I.R. has been lodged after a delay of more than a month, hence, the petitioner is entitled to the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail and submitted by referring to the impugned order dated 14.12.2022 that the victim girl, in her statement made under Section 164 Cr.P.C., before the learned Magistrate, has stated that the petitioner had seduced her on the pretext of marriage, kidnapped her and committed rape upon her, hence, the petitioner does not deserve the privilege of anticipatory bail Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the victim girl, in her statement made under Section 164 Cr.P.C., before the learned

Patna High Court CR. MISC. No.7769 of 2023(2) dt.18-05-2023 3/3 Magistrate, has specifically stated that the petitioner had enticed her and raped her, this Court finds that prima facie, offence, as alleged, is definitely made out qua the petitioner herein, hence the present case is not a fit case for grant of anticipatory bail, accordingly the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T