Asgar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15857 of 2019 Arising Out of PS. Case No.-27 Year-2018 Thana- MAHILA P.S. District- Saran ====================================================== Asgar Ansari Son of Kitabuddin Mian, Resident of Village - Dhanauti, P.S.- Ekma, District - Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 27 of 2018 for the offence punishable under Sections 376(G), 379, 506/34 of the Indian Penal Code and under Sections 3/4 of POCSO Act.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and have not committed any offence. In fact, the occurrence took place on 10.06.2018 whereas F.I.R. has been lodged on 27.06.2018 after lapse of 17 days from the date of occurrence without explaining the plausible delay. Moreover, the doctor has assessed the age of victim more than 19 years and has also not found any sign of recent sexual assault on the body of the
Patna High Court CR. MISC. No.15857 of 2019(3) dt.21-05-2019 2/2 victim. Hence, the petitioner may be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the above named, petitioner in the event of surrender within a period of four weeks 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 1st Additional Sessions Judge, Saran at Chapra in connection with Mahila P.S. Case No. 27 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) ved/- U T