Jabbar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55416 of 2017 Arising Out of PS. Case No.-413 Year-2016 Thana- Turkauliya District- East Champaran ====================================================== Jabbar Ansari S/o Late Assmahamad Ansari, resident of Village- Fulwar, P.S.- Banjariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2017 Heard Sri Patanjali Rishi, learned counsel for the petitioner and Sri Ajay Kumar Jha, learned Addl. Public Prosecutor.
The sole petitioner, who is in custody since 08-09-2017 in Turkauliya (Banjariya) P.S. Case No. 413 of 2016 registered for offence under Sections 366A, 323, 504 and 34 of the Indian Penal Code, has prayed for grant of bail.
Learned counsel for the petitioner submits that though after recovery, statement of victim under Section 164 of the Cr.P.C. was recorded and she has corroborated the allegation made in the fardbeyan, subsequently, compromise in between the parties has arrived and a petition has also been filed in the court below. He further submits that in view of the fact that
Patna High Court Cr.Misc. No.55416 of 2017(2) dt.17-11-2017 2/2 compromise had arrived in between the parties, three accused persons have been granted anticipatory bail by the court below. I have perused the F.I.R. as well as statement recorded under Section 164 of the Cr.P.C. In the F.I.R., there is specific accusation regarding commission of offence, as alleged in the F.I.R. and moreover, the allegation made in the F.I.R. was substantiated by the victim, who had disclosed her age as 16 years before the learned Magistrate at the time of her statement recorded under Section 164 of the Cr.P.C. that the petitioner and others were involved in kidnapping her and she had also been given sedative drugs. In such cases, there is no meaning of filing a compromise petition, rather if such petition is filed, inference can be drawn that the accused persons are influential enough to threaten or persuade the informant side for coming to compromise. There is no reason for grant of bail. The petition stands dismissed.
(Rakesh Kumar, J.) anay U T