Khalil Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8527 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- MAHILA P.S. District- Rohtas ====================================================== KHALIL ANSARI Son of Alauddin Ansari Resident of Village- Kashigawan Road, Sentringper, P.s.- Rohtas, Distt- Rohtas (Sasaram). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

Petitioner allegedly committed rape as definition of Section 375 IPC against a minor girl. Petitioner is uncle of the victim and wife of the petitioner is also co-accused as per allegation in the F.I.R. and statement of the victim under Section 164 Cr.P.C.

The wife of the petitioner has been exonerated by the police saying that a husband cannot commit such act in presence of his wife.

Submission is that land dispute is the reason behind false allegation.

Patna High Court CR. MISC. No.8527 of 2021(4) dt.27-09-2021 2/2 The medical report corroborates the prosecution allegation. Hence, I am not inclined to enlarge the petitioner on bail in connection with Rohtas Mahila P.S. Case No. 23 of 2020. Prayer is refused.

Trial court is directed to expedite the trial. (Birendra Kumar, J) mantreshwar/- U T