Raju Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.953 of 2019 Arising Out of PS. Case No.-33 Year-2017 Thana- MAHILA P.S. District- Siwan ====================================================== RAJU ANSARI Son of Anarul Ansari @ Anavarul Hak Resident of Village - Bibi Ka Banga, P.S.- Barhariya, Distt - Siwan. ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 15-04-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Siwan Mahila P.S.Case No.33 of 2017 , registered for offences punishable under Sections 376 of the Indian Penal Code, Sections 6/8 of the POCSO Act read with Section 3(x)(xi) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant is of committing rape upon the informant, who is minor.

Submission of the learned counsel for the appellant is that he has been falsely implicated in this case as the informant has stated in her statement recorded under Section 164 Cr.P.C. that the appellant is not known to her. Heard learned Spl.P.P. also.

Having heard both sides and in view of allegation of rape I am not inclined to grant privilege of anticipatory bail rather let the appellant surrender before the learned Special Judge within a period of six weeks from the date of receipt of the

Patna High Court CR. APP (SJ) No.953 of 2019 dt.15-04-2019 2/2 order and make prayer for regular bail, which will be considered by the learned special judge on its own merit .

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date