Javed @ Raja Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15322 of 2022 Arising Out of PS. Case No.-434 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== Javed @ Raja Ansari Son Of Sairuddin Ansari Resident Of Village - Matiya Ranipatra, P.S.- Sadar Mufassil, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366(A), 504, 506/34 of the Indian Penal Code.

It is alleged against the petitioner and his associates to have abducted the daughter of the informant who is minor aged about 17 years.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is further submitted that for the alleged

Patna High Court CR. MISC. No.15322 of 2022(3) dt.13-10-2022 2/3 occurrence of 26.08.2021, the F.I.R has been registered on 27.08.2021. The thrust of accusation is against coaccused Arif @ Sonu Ansari who have abducted the victim and ravished her. The petitioner has no concern either with the accused persons or the kidnapping of the victim girl. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the victim in her 164 Cr.P.C statement has specifically alleged against the petitioner that this petitioner has sprinkled some spurious material, as a result of which, she became unconscious and when she regained consciousness, she found herself locked in a room. Thereafter, co-accused Aarif Ansari committed rape upon the victim. The petitioner was named in the F.I.R and the victim has specifically alleged the role of the petitioner in her kidnapping.

Patna High Court CR. MISC. No.15322 of 2022(3) dt.13-10-2022 3/3 Considering the fact that the victim in her 164 Cr.P.C statement has specifically alleged the role of the petitioner in her kidnapping, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner stands rejected.

The petitioner may surrender before learned Court below and pray for regular bail. The learned Court below may consider the prayer for regular bail of the petitioner without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) Shageer/- U T