Rizwan Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46305 of 2024 Arising Out of PS. Case No.-560 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Rizwan Ansari S/O Kashim Ansari @ Sakim Ansari Resident Of VillageDhumnagar Chandpur, P.S- Sikarpur, Distt.- West Champaran. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Nishat Firdos D/O Mukhtar Ansari R/O Village- Dhumnagar, Chandpur, P.SShikarpur, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar, Adv.
For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Sikarpur P.S. Case No. 560 of 2023 dated 06-07-2023 instituted for the offence punishable under Sections 376,493 and 34 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act. 3.The prosecution case, in short, is that on 05.07.2023 at about 1.30 pm, one co-accused Asif Ansari locked the informant in the house of petitioner and committed rape with the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.46305 of 2024(2) dt.10-07-2024 2/3 case. It is further submitted that there is specific allegation against co-accused, namely, Aashif Ansari, who committed rape upon the informant on the false pretext of marriage. It is next submitted that petitioner has no connection with the said Aashif Ansari. The petitioner has been made accused in the instant case only due to personal grudge of the informant. The petitioner and the informant are resident of the same village. Earlier to the present case, there was hot exchange between the grand father of the petitioner and the father of the informant for drainage of water and on account of such dispute, the petitioner has been falsely implicated in this case.
Learned counsel for the petitioner submits that main accused, namely Aashif Ansari @ Yashik Annsari has been granted bail by a Co-Ordinate Bench of this Court vide order dated 30-01-2024, passed in Cr. Misc. no. 72365 of 2023. Other similarly situated co-accused, namely, Tharu Ansari @ Safi Alam has been granted anticipatory bail by this Court vide order dated 18-03-2024, passed in Criminal Miscellaneous No. 17640 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents..
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in
Patna High Court CR. MISC. No.46305 of 2024(2) dt.10-07-2024 3/3 the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VII-cum Special Judge POCSO Bettiah, Dist. West Champaran, in Sikarpur P.S. Case No. 560 of 2023 , subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Khatim Reza, J) shyambihari/- U T