Ashif Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 70389 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- PANAPUR District- Saran ====================================================== Ashif Ali Son Of Alaudin Resident Of Village- Rajwara, Ps- Taraiya, DistSaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avnish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Panapur P.S. Case no. 70 of 2023 registered under sections 363 and 366 of the Indian Penal Code.
3. As per the prosecution case, the informant states that her daughter whose marriage was fixed was kidnapped by the petitioner and a video made viral showing the petitioner marrying with her.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations levelled against the petitioner are false and concocted. The daughter of the informant who was a major went
Patna High Court CR. MISC. No. 70389 of 2023(3) dt.05-03-2024 2/2 with the petitioner out of her own will and voluntarily married him. It was on her return that under the pressure of the members of the family that an incorrect statement under section 164 Cr.P.C has been given. The petitioner is in custody since 1.4.2023, has no criminal antecedent and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State who submits that the petitioner is an F.I.R named accused against whom there is direct allegation of having kidnapped the daughter of the informant and the victim in her statement under section 164 Cr.P.C has supported the allegation of rape against this petitioner.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R together with the contents of the statement of the victim under section 164 Cr.P.C, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. The learned trial Court is directed to expedite the trial.
(Partha Sarthy, J) Harsh/- U T