Azharuddin Ansari @ Nahhey @ Nanhe v. The State Of Bihar

Patna High Court Cr.Misc. No.3932 of 2016 (3) dt.15-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3932 of 2016 Arising Out of PS.Case No. -58 Year- 2015 Thana -BASANTPUR District- SIWAN ====================================================== AZHARUDDIN ANSARI @ NAHHEY @ NANHE Son of Kamruddin Ansari resident of village - Khawaspur, P.S. Basantpur, District - Siwan .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan, Adv. For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Basantpur P.S. Case No. 58 of 2015 registered for the offence punishable under Sections 448, 376(D), 307/34 of the Indian Penal Code. Allegedly, two persons after entering into the house of the informant dragged her from the house and the petitioner forcibly committed rape with her and further gave knife blow on her nose causing injury and bleeding.

Submission is of false implication and that during investigation it has come that there was love affair between the petitioner and the informant, both were on talking term, the prosecution story as propounded, appears not probable and

Patna High Court Cr.Misc. No.3932 of 2016 (3) dt.15-02-2016 reliable, the petitioner has been implicated due to enmity with Mukhiya of the Panchyat, the doctor has not found any sign of rape and further her age has been found between 18-19 years, coaccused Md. Kamruddin Ansari has been allowed bail by another Bench of this Court and, as such, the petitioner also deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the petitioner has committed serious crime.

In the facts and circumstances stated above considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T