Arif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44643 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- KATORIYA District- Banka ====================================================== Arif Ansari S/O Md. Budha Ansari R/O Village-Kathaun, P.S.-Katoria, DisttBanka. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard Mr. Dhananjay Pandey, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Tiwary, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Katoria P.S. Case No. 52 of 2024 registered under Section 376 of the Indian Penal Code.

3. As per the allegation made in the FIR, the informant was in love relationship with the petitioner and the petitioner agreed to marry with her but after making physical relationship, he refused to marry her.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Learned counsel further submits that informant herself admitted that she was willingly in relationship with the petitioner and had never objected against the petitioner before lodging of the present FIR. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.44643 of 2024(2) dt.24-07-2024 2/2 prayer for grant of pre-arrest bail.

6. Considering the allegation made in the FIR, as well as, the fact that the informant herself admitted that she was willingly in relationship with the petitioner and she never complained against the petitioner before lodging of the present FIR, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 52 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- U T