Azahar @ Sonu Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35304 of 2023 Arising Out of PS. Case No.-536 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Azahar @ Sonu Ansari Son Of Paigambar Ansari Village- Rampur Bujurg PoInguri Sarai Ps-Bankata Dist- Deoria U.P ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4/6 of the POCSO Act.
3. As per FIR, petitioner made physical relation with the informant on the pretext of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner never committed any sexual harassment or sexual assault in order to make the case too much grave such type of averments has been introduced in written petition. He submits that the informant is not minor, she is major. He submits that there is compromise between the parties. This fact has not been denied by the learned counsel for the
Patna High Court CR. MISC. No.35304 of 2023(2) dt.27-07-2023 2/2 informant. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhore P.S. Case No. 536 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T