Sartaz Ansari @ Sartaj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4848 of 2015 Arising Out of PS.Case No. -254 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ====================================================== Sartaz Ansari @ Sartaj Ansari S/O Late Dhorai Ansari Resident of villKhangama,P.S-Azamnagar,Distt.-Katihar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Section 376 of the Indian Penal Code. The allegation against the petitioner is that when the prosecutrix was grazing her she-goat, the petitioner caught hold of her and committed her rape. In the meantime, Mithun Mandal and her father came there and the petitioner was apprehended on the spot and assaulted.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to enmity. The prosecutrix used to graze her she-goat in the field of the petitioner and for that he abused the prosecutrix. Thereafter, Raman Malakar, relative of the victim and Radhe Malakar assaulted the petitioner, snatched the key of his motorcycle and took out Rs.5,000/- from his pocket. He has further submitted that the prosecutrix has been examined by the Medical Board and no sign of rape has been found and her age

Patna High Court Cr.Misc. No.4848 of 2015 (3) dt.04-03-2015 2/2 has been assessed between 18 to 19 years.

Learned counsel for the State submits that there is specific allegation of rape against the petitioner upon an unmarried girl of 16 years and after investigation chargesheet has already been submitted. The case has been committed to the court of sessions and trial is going on. The date of framing of charge was 13.2.2015 as per report of the learned trial court.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail. Prayer for bail is rejected at this stage.

(Amaresh Kumar Lal, J) sudip/- U T