Sabir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31514 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== SABIR ANSARI Son of Jafar Ansari Resident of Village - Mishra Tola, P.s.- Harsidhi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Harsidhi P.S. Case No.65 of 2020 registered under Sections 376B and 506 of the Indian Penal Code and under Sections 4 and 6 of POCSO Act. The informant alleged that her daughter had gone to collect woods. Sabir Ansari, the petitioner committed rape with her and also threatened not to disclose the fact failing which she would be killed. The victim narrated the entire story by making gesture.

The learned counsel for the petitioner submits that F.I.R. was lodged after ten days of the occurrence. The victim was not medically examined but it appears that victim is a dumb girl and she narrated the story to her mother. The victim alleged that she was raped by the petitioner. It further appears that there

Patna High Court CR. MISC. No.31514 of 2020(2) dt.02-12-2020 2/2 is specific allegation that petitioner raped a deaf and dumb girl and victim made her statement recorded under Section 164 Cr.P.C. and by signal and gesture, she supported the version of rape made by the petitioner.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T