Patna High CourtCR. MISC./1404/2017dismissed

Sahnawaj Ansari @ Shahnawaj Ansari v. State Of Bihar And ANR

2017-06-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1404 of 2017 Arising Out of PS.Case No. -265 Year- 2016 Thana -MANJHI District- SARAN ======================================================

1. Sahnawaj Ansari @ Shahnawaj Ansari, S/o Alamgir Ansari, R/o villageImadpur P.S.- Manjhi, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandani Khatun, d/o Samim Ansari, R/o Village- Imadpur, P.S.- Manjhi, District- Saran.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP Mr. Chandra Mohan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 22-06-2017 Heard learned counsel for the Petitioner and the State as well as counsel for the Opposite Party No.2. The Petitioner apprehends his arrest in Manjhi P.S. Case No.265 of 2016 instituted for the offence under Section(s) 376 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, 5th, Saran at Chapra. As per written report, petitioner established physical relationship with the informant on the pretext of marrying her and lastly he refused to marry her. It is alleged that on 12.11.2016, the petitioner was caught red handed in the house committing illegal act with the informant.

Case diary along with medical report has been received. The doctor has found pregnancy test positive. The

Patna High Court Cr.Misc. No.1404 of 2017 (4) dt.22-06-2017 2/2 victim girl has given statement under Section 164 Cr. P. C., wherein, she has supported her case. The Court below has assessed the age of victim girl as 17 years.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T