Patna High CourtCR. MISC./37542/2017rejected

Sonu Raja @ Md. Sonu Ansari v. The State Of Bihar

2017-09-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.37542 of 2017 (3) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37542 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -MAHILA P.S. District- SARAN ======================================================

1. Sonu Raja @ Md. Sonu Ansari, Son of Md. Bahman Ansari, Resident of Village- Karan Kudariya Purab Tola, P.S. Mashrakh, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Saran Mahila (Mahila) Police Station Case No. 31 of 2017, disclosing offences under Sections 376 and 34 of the Indian Penal Code and Sections, 3 and 4 of the POCSO Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there was love affair between the victim and the petitioner and there is no injury found on the body of the victim, which is evident from the medical report. Therefore, no case under Section 376 of the Indian Penal Code is made out against the petitioner. Hence, the

Patna High Court Cr.Misc. No.37542 of 2017 (3) dt.07-09-2017 petitioner deserves the privilege of anticipatory bail. Learned A.P.P has opposed the prayer for bail and submitted that the petitioner has committed rape on the victim girl who is said to be minor.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of this petitioner is rejected.

(Arvind Srivastava, J) Brajesh/- U T