Azad Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49918 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Azad Ansari S/o Adalat Ansari R/o village- Khodwa, Ward No. 04, P.S.- Majhaulia, District- West Champaran at Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Raghunandan Kumar Singh, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conference. The application for grant of bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Majhaulia P. S. Case No. 455 of 2020
Patna High Court CR. MISC. No.49918 of 2021(5) dt.25-07-2022 2/3 registered for the offences punishable under Sections 341, 323, 376, 406 read with 34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act. As per the prosecution case, it is alleged that the victim girl was subjected to rape on the point of knife and thereafter, this petitioner has been continuously establishing physical relationship due to which the victim girl got pregnant. It is also alleged that the accused persons tried to administer some medicine for abortion but she anyhow escaped and thereafter, the present case has been lodged. Learned counsel appearing on behalf of the petitioner submitted that as per the admission register of Rajkiya Utkramit Madhya Vidyalay, Khodwa, Police Station- Majhaulia, the informant is a major girl. The copy of which has been annexed as annexure 3 to this application.
On the other hand, learned APP for the State opposes the bail application and submits that the of the chargesheeted witnesses have been examined and after completion of the argument, the matter has been fixed for judgement. Having considered the submissions made on behalf of the parties and taking into account that the present case is kept for judgement, this court is not persuaded to release the
Patna High Court CR. MISC. No.49918 of 2021(5) dt.25-07-2022 3/3 petitioner on bail.
Accordingly, the present application stands dismissed for present.
(Harish Kumar, J) shakir/- U T