Md. Jiyauddin @ Md. Jiyaudin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57766 of 2025 Arising Out of PS. Case No.-52 Year-2024 Thana- MAHILA PS District- Jamui ====================================================== 1.
Md. Jiyauddin @ Md. Jiyaudin Ansari S/o Karamuddin @ kamruddin Miyan @ Md. Kamrul R/o vill - Vijaiya, P.S.- Charkapatthar, Distt.- Jamui 2.
Md. Monajeer S/o Md. Baseer Miyan R/o vill - Vijaiya, P.S.- Charkapatthar, Distt.- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gulzan Miyan S/o Kadir Miyan R/o vill - Vijaiya, P.S.- Charkapatthar, Distt.- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar- Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 65(1) of the B.N.S. and Sections 4 and 6 of the POCSO Act.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that while her minor daughter aged about 14 years on 11.10.2024 at 12.00 Noon had gone to attend call of nature when petitioners intercepted her and committed rape.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.57766 of 2025(2) dt.04-09-2025 2/2 petitioners have been falsely implicated in the instant case by the informant. It is next submitted that victim was in love with a boy namely Shravan Turi and the petitioners, being friend of Shravan Turi, have been falsely implicated in the case. It is also submitted that there is no eye witness to the occurrence.
5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application and submits that statement of the victim was recorded under Sections 180 and 183 B.N.S.S. wherein she has supported the case of the prosecution. It is also submitted that victim is a minor aged about 14 years. It is next submitted that since the victim has supported the case of the prosecution which prima facie suggests that the occurrence had taken place. It is also submitted that investigation is in its nascent stages.
6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.
7. The prayer of the petitioners for anticipatory bail stands rejected.
(Satyavrat Verma, J) vikash/- U T