Md. Salman Ansari @ Md. Salman @ Shahnawaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3576 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== Md. Salman Ansari @ Md. Salman @ Shahnawaj, Son of Shaukat Ansari, R/V- Village- Paryagpur, P.S.- Khutauna, Distt.- Madhubani Under Guardianship Of Father Shaukat Ansari, Male Agaed About 42 Years, Son Of Nasruddin Ansari, Resident Of Village- Paryagpur, P.S.- Khutauna, Distt.- Madhubani ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Jitendra Kumar Bharti, Advocate For the Respondent/s :
Mr. Ramchandra Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 21-02-2025 This is an appeal under Section 10(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015, praying for bail of the CiCL against whom Khutauna P.S. Case No. 117 of 2023 dated 01st October 2023 under Section 420/376 of the IPC has been registered. The investigation of this case is completed, and the charge sheet has been filed against the CiCL. The de facto complainant/victim made an allegation to the effect that the CiCL committed sexual intercourse with her on promise of marriage. Subsequently, he refused to marry her; then only the de facto complainant understood that she was cheated and ravished by the accused.
2. The learned Advocate appearing on behalf of the
Patna High Court CR. APP (SJ) No.3576 of 2024(4) dt.21-02-2025 2/3 appellant submits that the appellant has been implicated in a false case.
3. It is clear from the statement of co-villagers, recorded by the I.O. that the marriage of the de facto complainant was solemnized with another person in some other place but she did not go to her matrimonial home. She used to stay at her paternal home and induce the appellant to talk to her and established some relationship. When the appellant refused to establish a physical relationship with her, she made a false complaint against the CiCL.
4. The CiCL has been in custody since 2nd October 2023.
5. Considering the fact that a charge sheet has been filed and the nature of materials collected by the I.O., I am inclined to release the appellant on bail.
6. The appellant shall file a bail bond of Rs. 20,000/- with two sureties of like amount, one of whom must be the parents of the appellant, with the further condition that he shall be under the observation of the probation officer during the period he is released on bail, and the probation officer shall submit a quarterly report in respect of the character, behavior, and antecedents of the appellant. If any adverse report is
Patna High Court CR. APP (SJ) No.3576 of 2024(4) dt.21-02-2025 3/3 submitted by the probation officer, the order of bail shall be cancelled without further reference to this bench.
7. With the above order, the instant appeal is disposed of on contest.
(Bibek Chaudhuri, J) Suraj Dubey/- U T