Md. Jabazullah Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64176 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Md. Jabazullah Ansari Son of Late Md. Mobarak Ullah Ansari Resident of Mohalla - Jamabask Lane, Goal Tola, Bhikhanpur, Police Station - Ishakchak, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 385, 506, 509, 120B/34 of the Indian Penal Code.

According to prosecution case, in nutshell is that accused petitioner established physical relation with informant forcibly. The petitioner is sexually exploiting her since 2019. It is further alleged that when informant talked to the wife of the said accused Rabiya Parween and told her to whole incident then she abused and threatened the informant and also made a post of wrong words on facebook against informant. The brother of the said accused Bazadullah also supports the aforesaid

Patna High Court CR. MISC. No.64176 of 2022(2) dt.22-12-2022 2/3 accused in his wrong work. Both above accused persons used to threat informant and told the informant to not file case against the aforesaid petitioner in the police station. It is submitted by learned senior counsel for the petitioner that petitioner has been falsely implicated in this case and he has one criminal antecedent as mentioned in para-3 of this application. He further submits that the occurrence took place in August 2019 and the present F.I.R. was lodged on 11.06.2022 and statement of the victim girl was recorded under Section 164 of Cr.P.C. on 13.06.2022. He further submits that petitioner belong to the respective family and he has no concern with the alleged offence.

He further submits that the informant has medically examined by the doctor and the opinion of the doctor is that there is no physical or chemical injury on her body including private parts and there is no evidence of recent sexual intercourse. He further submits that there is delay of about three years of filing F.I.R. and statement of the victim girl was recorded under Section 164 Cr.P.C.

Patna High Court CR. MISC. No.64176 of 2022(2) dt.22-12-2022 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ishak Chak P.S. Case No. 110 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) mdrashid/- U T