Anil Kumar Safi @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8638 of 2025 Arising Out of PS. Case No.-334 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Anil Kumar Safi @ Anil Kumar S/o Ram Vriksh Safi Resident of VillageBela, P.S- Jay Nagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ibrahim Abbasi S/o Anul Huq R/o Village and Post- Bela, P.S- Jay Nagar, Dist.- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-03-2025 Heard Mr. Rakesh Bihari Singh, learned counsel for the petitioner and Ms. Rina Sinha, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Jay Nagar P.S. Case No. 334 of 2023, F.I.R. dated 08.08.2023 for the offences punishable under Sections 376, 313, 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and Sections 4/8 of the POCSO Act.

3. According to prosecution case, this petitioner has committed repeated rape upon the daughter of the informant and also assaulted the family members of the informant with the help of his family members and threatens them to kill the informant's daughter.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.8638 of 2025(2) dt.06-03-2025 2/2 petitioner has not committed any offences as alleged in the F.I.R.

5. Learned Additional Public Prosecutor on the basis of material available on record and imugned order has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim recorded under Section 164 of the Cr.P.C. / Section 183 of the Bhartiya Nagarik Suraksha Sanhita which suggests that she has supported the case of the prosecution and apart from that the date of birth of the victim is 25.12.2007 which shows that at the time of occurrence the victim was minor. He further submits that there is specific allegation against the petitioner that he has committed repeated rape upon the victim.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Jay Nagar P.S. Case No. 334 of 2023 pending in the court of Additional District Judge-VI, Jay Nagar, Madhubani.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T