Patna High CourtCR. MISC./16861/2024bail granted

Rohit Ansari v. The State Of Bihar

2024-08-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16861 of 2024 Arising Out of PS. Case No.-22 Year-2021 Thana- KORHA District- Katihar ====================================================== ROHIT ANSARI SON OF MD. JAMAL ANSARI R/O-WARD NO. 16, GORGAMA, P.S.-KORHA, DISTT.-KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner was rejected vide order dated 2.8.2023 passed in Cr. Misc. No. 22555 of 2023.

3. The petitioner seeks bail in connection with Korha P.S. Case No. 22 of 2021 registered for the offence under Sections 376, 504, 506/34 of the Indian Penal Code and under Section 4 of the POCSO Act.

4. As per the prosecution case, the petitioner is said to have committed rape upon the victim.

5. It has been submitted by the learned counsel for the petitioner that the informant is in the habit of filing false cases as earlier she had filed a case for rape of one of her daughters namely Zareena, in which the accused persons were

Patna High Court CR. MISC. No.16861 of 2024(5) dt.09-08-2024 2/2 acquitted and the alleged victim was found to be aged about 18 years by the trial Court but it was alleged that she was minor.

6. In the present case, she has filed an application for saying that her daughter namely Saleema has been raped by the petitioner who is aged about 14 years.

7. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. He also submits that the petitioner is in custody since 21.10.2021.

8. Considering the aforesaid facts and also considering the period of custody, this application is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-VII-cum-Special Judge, POCSO Court, Katihar in connection with G.R. Case No. 177 of 2021 arising out of Korha P.S. Case No. 22 of 2021.

(Sandeep Kumar, J) Vikas/- U T