Babar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25915 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ====================================================== Babar Ansari, Son of late Dil Mohammad, Resident of Village- Dhobwalia, Police Station- Mahrajganj, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghav Prasad, Advocate For the Opposite Party : Mr. Indra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Maharajganj P.S. Case No. 209 of 2015 registered for the offences punishable under Sections 341, 323, 376, 511, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier also a case had been lodged by the husband of the present informant and thereafter in order to implicate the petitioner, the wife has also filed the present case making false and fabricated allegations. Learned counsel for the petitioner further submits that though there is an allegation of committing sexual assault on the informant, it appears that there is no injury report on record to

Patna High Court Cr.Misc. No.25915 of 2016 (4) dt.06-09-2016 2/2 establish the charge of allegation of the informant. Considering the entire facts and circumstances of the case and save and except the complaint case filed by the husband of the informant bearing Complaint Case No. 2041 of 2015 and that the petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Chief Judicial Magistrate-II, Siwan, Maharajganj in connection with Maharajganj P.S. Case No. 209 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T