Noor Alam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45147 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== NOOR ALAM ANSARI Son of Late Saheb Mokhtar Ansari Resident of Village- Chakmanjhan, P.S.- Barauli (Madhopur O.P.) District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Barauli P.S. Case No.125 of 2021 registered for the offences punishable under Section 376(3) of the Indian Penal Code and Section 4/6 of the POCSO Act. He is in custody since 17.04.2021. The petitioner has got no criminal antecedent. Learned counsel for the petitioner submits that, as per the First Information Report, the allegation against the petitioner is that he had committed rape upon his own daughter. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45147 of 2021(2) dt.28-02-2022 2/2 petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the allegation is absolutely false and concocted. It is submitted that the petitioner is in custody in connection with this case since 17.04.2021 having no criminal antecedent.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the kind of allegation in which the wife of the petitioner is the informant and allegation against the petitioner is that he had committed rape upon his own daughter, this Court is not inclined to release the petitioner on bail. Prayer for bail is, thus, refused.

Let the trial be expedited.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.