Ashraf Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.19205 of 2015 (2) dt.24-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19205 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -RAMNAGAR District- WESTCHAMPARAN(BETTIAH) ====================================================== Ashraf Ansari S/o Usman Ansari R/o village - Bhabhnauli, P.S. Ramnagar, District - West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satish Kumar Sinha, Adv. For the Opposite Party/s : Mr. Smt. Pushpa Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2015 Heard both sides.

The petitioner seeks bail in Ramnagar P.S. Case No. 252/2014, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code. The victim alleged that the petitioner used to visit her house and established physical relation with her on the pretext of marry with her. The petitioner established physical relation with the prosecutrix for six months, but later on he refused to marry. The prosecutrix disclosed this fact to her parents and her parents went to the house of the petitioner. The parents of the petitioner ousted them from their house.

It is submitted that Usman Ansari had filed a Complaint

Patna High Court Cr.Misc. No.19205 of 2015 (2) dt.24-06-2015 Case No. 429/14 under Section 384/379 and 504/34 of the Indian Penal Code against the prosecutrix and her family members on 17.05.2014 alleging therein that they always exerted pressure to get the prosecutrix married with the son of the complainant. The present case was filed after six months from the date of filing of the aforesaid Complaint Case. The Doctor has also not found any sign of rape. The age of the victim is assessed to be between 17-18 years old. The prosecutrix herself disclosed her age to be 18 years in her fardbeyan. The prosecutrix appears to be major. On the other hand learned counsel for the informant vehemently opposed the prayer for bail. He has submitted that the victim is a minor girl.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Ramnagar P.S. Case no. 252/2014.

(Prabhat Kumar Jha, J.) Rakhi/- U T