Naushad Ansari @ Md. Naushad Hussain @ Md. Naushad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11258 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== NAUSHAD ANSARI @ MD. NAUSHAD HUSSAIN @ MD. NAUSHAD HUSSAIN Son of Nurul Hoda R/V- Bakhari P.O- Tikuliya P.S-Aapur, DistEast Champaran Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376(D),120B of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused Sujit Kr Baitha committed rape upon the informant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and had falsely been implicated in this case. Statement of victim under section 164 Cr.P.C. is materially different from the prosecution case contained in FIR. Petitioner claims clean antecedent.

Learned counsel for the State opposes the prayer for bail. He submits that girl in her 164 Cr.P.C. statement has

Patna High Court CR. MISC. No.11258 of 2023(2) dt.27-04-2023 2/2 supported the prosecution case.

Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T