Mohit Ansari @ Md. Mohit Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23189 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- AMAUR District- Purnia ====================================================== Mohit Ansari @ Md. Mohit Ansari Son of Md. Mahmood Ansari Resident of Village - Khariya, P.S.- Amour, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal.

Mr.Fazle Karim Mr. Preety Kunwar.

For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 354(D), 376, 504, 506, 120(B)/34 of the Indian Penal Code.

Allegation against the petitioner is that on the false pretext of marriage, he established physical relationship with her and when the informant/victim asked him to marry, he refused to do so.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-11-2018. Charge sheet has

Patna High Court CR. MISC. No.23189 of 2019(5) dt.22-08-2019 2/2 already been submitted. On the false pretext of marriage, consented physical relation is said to have been established. Subsequently, it is alleged that the petitioner refused to marry with the informant/victim. Hence, the present case has been instituted. No positive sign of rape is found in course of medical examination.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge (POCSO), Purnea, in connection with Special (POCSO) Case No. 155 of 2018 arising out of Amour P.S. Case No. 216 of 2018. (Sudhir Singh, J) A.K.V.//- U T