Hashim Ansari @ Md. Hashim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37603 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== HASHIM ANSARI @ MD. HASHIM ANSARI, S/O MUSTKIM ANSARI, R/O Village-Jalwa Toli, Hussaini, P.S.-Dumariya Ghat, Dist.-East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Rahul Singh, Advocate For the State :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State of Bihar.

2.

The petitioner is apprehending his arrest in connection with Dumariya Ghat P.S. Case No. 11 of 2023 registered for offence under Section 376 of Indian Penal Code. 3.

The prosecutrix has alleged that she has been repeatedly subjected to rape by the petitioner since 05.07.2020 as per the complaint petition. The last occurrence in the sequel of repeated rape is said to be on 22.03.2021. The complaint has been lodged on 08.04.2021.

4.

It is submitted by learned counsel for the petitioner that the entire prosecution case is palpably false. The petitioner in fact is a married person living with his family in Motihari and

Patna High Court CR. MISC. No.37603 of 2023(2) dt.28-07-2023 2/3 the proseuctrix resides with her children. Her husband, who is elder brother of the petitioner, is earning his livelihood abroad. The issue prompting the lodging of the instant case is for share in the family property. The petitioner has no antecedents and the manner in which complaint has been lodged, containing allegations of repeated rapes since more than an year prior to the lodging of the complaint, having regard to the relationship of the victim and the petitioner being Bhabhi and Devar, is unbelievable and based on extraneous considerations. 5.

Learned APP for the State has opposed the prayer for bail.

6.

Considering the allegations, the delay in lodging of the complaint case and other attending circumstances as per submission recorded above, as also clean antecedent of the petitioner, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.

7.

Petitioner's prayer for anticipatory bail is allowed. 8.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released 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

Patna High Court CR. MISC. No.37603 of 2023(2) dt.28-07-2023 3/3 Judicial Magistrate 1st Class, Motihari, East Champaran, in connection with Dumariya Ghat P.S. Case No. 11 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T