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Patna High CourtCR. MISC./24679/2025rejected

Amirullah Ansari @ Alam v. The State Of Bihar

2025-06-20Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24679 of 2025 Arising Out of PS. Case No.-331 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Amirullah Ansari @ Alam Son of Dil Mohamad Ansari R/o-VillageRasulpur, P.S.- Vijaipur, Distt- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahana Khatoon D/O- Mubarak Miya Resident of Village- Matiyari, P.S.- Vijaipur, Distt.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priya Raj, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2025 Heard Mr.Priya Raj, learned counsel for the petitioner, learned counsel for the informant and Mr.Syed Mojibur Rahman, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 22.04.2024 in connection with Vijaipur P.S. Case No. 331 of 2023, F.I.R. dated 07.11.2023 registered for the offence punishable under Sections 417,354(c),376 of the Indian Penal Code and Section 66(E),67(A) of I.T.Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 25.09.2024 passed in Cr.Misc. No.57788 of 2024.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.24679 of 2025(3) dt.20-06-2025 2/3 submits that the petitioner is in custody since 22.04.2024 and the trial is not in progress and apart from that, the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned counsel for the informant and learned APP for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim under Section 164 Cr.P.C./Section 183 of BNSS, 2023 was recorded in which she has categorically stated the petitioner has committed rape upon her and apart from that, the petitioner also viralled the nude photograph of the victim in the whatsapp group and loaded the same on the social media and apart from that, the medical report of the victim also suggests that she has been subjected to sexual assault by the petitioner.

6. Vide order dated 18.04.2025, a report was called for with regard to the present stage of the trial. Report of the learned Trial Court dated 22.04.2025 reveals that the trial is going on. Out of seven chargesheet witnesses, three witnesses have already been examined.

7. Considering the aforesaid facts, there is direct and specific allegation against the petitioner that he has sexually assaulted to the victim and apart from that, the report of the

Patna High Court CR. MISC. No.24679 of 2025(3) dt.20-06-2025 3/3 learned Trial Court reveals that the trial is going on, I am not inclined to enlarge the petitioner on bail in connection with Vijaipur P.S. Case No. 331 of 2023 pending in the court of learned Additional Sessions Judge-I, Gopalganj.

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T