Md. Asif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7809 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== Md. Asif Ansari, Son of Jiyasuddin Ansari, Resident of Village - Damu, P.S.- Basopati, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 The petitioner apprehends his arrest in connection with Basopatti P.S.Case No. 213 of 2018 registered under Sections 323,341,376,504 and 506/34 of the Indian penal Code. Allegation against the petitioner is of committing rape upon the informant, aged about 19 years, and continued making physical relation on the pretext of marriage, but later on refused to marry her.

Submission of learned counsel for the petitioner is that even according to FIR, she is major and allegation of physical intercourse appears to be consensual.

Heard learned APP also as well as learned counsel for the informant who have opposed the prayer for bail stating that in her statement recorded under Section 164 Cr.P.C., the girl has supported the prosecution case.

Having heard both sides and in the facts and

Patna High Court Cr.Misc. No.7809 of 2019(2) dt.13-02-2019 2/2 circumstances, as stated above, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 5th, Madhubani in connection with Basopatti P.S. Case No. 213 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T