Patna High CourtCR. MISC./3730/2021dismissed

Afsar @ Afsar Ansari v. The State Of Bihar

2021-09-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3730 of 2021 Arising Out of PS. Case No.-100 Year-2019 Thana- JALALGARH District- Purnia ====================================================== AFSAR @ AFSAR ANSARI Son of Raquib Ansari Resident of Village - Sonapur, Police Station - Jalalgarh, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Jalalgarh P.S. Case No. 100 of 2019 registered under Sections 366A, 379 and 120B of the Indian Penal Code.

The prosecution allegation, in short, is that the accused person established physical relation with the informant and later refused to marry with her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.3730 of 2021(2) dt.07-09-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. There was a love affair between the petitioner and the victim and the victim had eloped with the petitioner. The alleged incident is said to have taken place on 6.3.2019 but the case was instituted on 3.8.2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which the victim had supported the allegation in respect of kidnapping and physical abuse alleged against the petitioner. Considering the same, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. If the petitioner surrenders in the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T