Md. Wahab Ansari @ Abdul Wahab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16930 of 2023 Arising Out of PS. Case No.-86 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== MD. WAHAB ANSARI @ ABDUL WAHAB S/O MD. ISRAIL ANSARI R/O VILLAGE AND P.S.- SAHARGHAT, DISTRICT-MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 376, 420 and 313/34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

As per allegation in the FIR, on the pretext of marriage, petitioner had established physical relationship with the informant resulting into her pregnancy. Later on, her pregnancy was terminated by the petitioner and he denied marriage with her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Informant and victim are known to each other and they

Patna High Court CR. MISC. No.16930 of 2023(2) dt.12-05-2023 2/2 are in love affair. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that she became pregnant after consensual physical relationship with the petitioner. Informant is major. Petitioner and no criminal antecedent and he is languishing in judicial custody since 9.12.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge (POCSO), Madhubani in connection with Mahila P.S. Case No. 86 of 2021. (Sunil Kumar Panwar, J) sushma/- U