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Patna High CourtCR. MISC./4044/2018dismissed

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

2018-02-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4044 of 2018 Arising Out of PS.Case No. -87 Year- 2016 Thana -BELA District- SITAMARHI ====================================================== Md. Ali Ansari @ Ali Ansari S/o Samsul Ansarai, R/o Village- Shivnagar, P.S.- Bela, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Petitioner apprehends his arrest in connection with Bela P.S.Case No. 87 of 2016 registered for the offences under Sections 376, 109, 323, 341, 379, 504, 120B of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of having sexual intercourse with the informant on the assurance of marriage but later on he refused to marry her and she became pregnant. Submission of learned counsel for the petitioner is that the occurrence is of the year 2015 and complaint petition was lodged in the year 2016 and, as a matter of fact, marriage was fixed with the petitioner and later on he came to know that why marriage was not solemnized and due to that he has falsely been implicated in this case.

Patna High Court Cr.Misc. No.4044 of 2018 (2) dt.01-02-2018 2/2 Heard learned APP also, who has opposed the prayer for anticipatory bail on the ground that she has explained the delay in lodging FIR and case is serious in nature.

In the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. let the petitioner, above named, surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U