Mustak Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67727 of 2024 Arising Out of PS. Case No.-326 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Mustak Ansari, S/o- Anwar Ansari, Resident of Village- Kalyanpur, P.S.- Kotwa, Distt- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hasina Khatoon, D/o- Ali Hasan Ansari, Resident of Village- Kalyanpur Vrit, P.S.-Kotwa, Distt- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Binod Kumar Mishra, Advocate For the State :

Mr. Shantanu Kumar, APP For the Informant :

Ms. Ankita ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2025 Heard Mr. Binod Kumar Mishra, learned counsel for the petitioner, Ms. Ankita, learned counsel for the informant and Mr. Shantanu Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Kotwa P.S. Case No. 326 of 2023 registered for the offence punishable under Sections 376 and 34 of the Indian Penal Code and Sections 3/ 4 of the POCSO Act.

3. The case of the prosecution is that the petitioner has established physical relationship with the victim/informant who is minor and he further promised to marriage. It is further alleged that on 29.08.2023 at 11 P.M., the petitioner entered in the house of the informant and established physical relationship

Patna High Court CR. MISC. No.67727 of 2024(4) dt.08-04-2025 2/3 forcefully. After that, the victim told him to marry her. On this, the petitioner denied.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R. itself it is clear that prior to the occurrence as well the petitioner was having physical relationship with the victim and that on the date of the occurrence when the petitioner entered in the house of the informant, she did not raise any alarm. The victim has given her statement under Section 164 of the Cr.P.C. wherein she has stated that the petitioner has established physical relationship on the false promise of marriage. From perusal of the statement of the victim, it is clear that after physical relationship when the victim told the petitioner to marry, he denied, it means there was no promise to prior to the intercourse.

It has also been stated by the victim that a panchayati has also taken place. The learned counsel for the petitioner has submitted that both the parties are neighbours and there is dispute between the parties.

Patna High Court CR. MISC. No.67727 of 2024(4) dt.08-04-2025 3/3 18-19 years. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 14.05.2024.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Kotwa P.S. Case No. 326 of 2023.

(Ashok Kumar Pandey, J) lata/- U T