Anjar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11750 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== Anjar Ansari Son of Late Jamir Hassan Resident of Village and P.O.- Kara, P.S.- Obra, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Leelawati Kumari, Adv For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 342,376,506,120(B) of the Indian Penal Code and Section 4 of POCSO Act. Allegation against the petitioner is of commission of rape against four years old daughter of the informant.

Submission is that the victim was produced for examination under Section 164 Cr.P.C., however, her statement was not recorded, as the learned Magistrate found that she was not capable of understanding the question and was incapable of giving rational answers. Further the Doctor did not find any sign of rape while medically examined the victim. Petitioner is close

Patna High Court CR. MISC. No.11750 of 2019(3) dt.19-06-2019 2/2 relation of the informant and due to previous dispute, false allegation has been levelled.

No material has been brought on the record to disbelieve the allegation. Other witnesses have also supported the allegation against the petitioner.

Considering the facts, I am not inclined to enlarge the petitioner on bail in connection with Mahila P.S.Case No.26 of 2018 pending in the court of learned 1st Addl. Sessions Judge-cum-Special Judge (POCSO), Aurangabad. Hence, prayer is refused.

The learned Trial Court is directed to expedite the trial.

(Birendra Kumar, J) Nitesh/- U T