Ansar Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39274 of 2016 Arising Out of PS.Case No. -1190 Year- 2015 Thana -COMPLAINT CASE District- KISANGANJ ====================================================== Ansar Alam, son of Zahid, resident of Village- Palasmani, Police StationBahadurganj in the district of Kishanganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rashida Begum, Daughter of Late Ramjan Ali, resident of VillageHimmat Nagar, Police Station- Kochadhaman in the district of Kishanganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-09-2016 Heard Sri Sunil Kumar, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Complaint Case No. 1190(C) of 2015 registered for offence under Section 376 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

By way of referring to complaint petition, learned counsel for the petitioner submits that the petitioner is the brother of wife of elder brother of the complainant and only with a view to marry with the petitioner, the complainant has filed completely false case. He submits that the complainant has alleged that she was raped by the petitioner, even then, there is no assertion as to

Patna High Court Cr.Misc. No.39274 of 2016 (2) dt.23-09-2016 2/2 whether the complainant took any step for lodging a case before the police or not. Only statement has been made that she had agreed not to go to the police only on an assurance given by the petitioner that he will marry her.

Besides hearing, I have perused the material on record. After going through the complaint petition, the Court is satisfied that it is a case for grant of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Ansar Alam be enlarged on bail 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, Kishanganj in connection with Complaint Case No. 1190(C) of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T