Sahajad Ansari @ Sajad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60443 of 2018 Arising Out of PS.Case No. -307 Year- 2018 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sahajad Ansari @ Sajad Ansari S/o Shakur Mian, R/o Vill.- Padraun, P.S.- Yogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 Heard the parties.

Petitioner seeks bail in Yogapatti P.S. Case No.307/18 registered for the offence under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of committing rape upon the daughter of informant and on halla he fled away. Submission on behalf of the learned counsel for the petitioner is that, as a matter of fact, the a case had been lodged earlier against the informant alleging therein that the informant had assaulted the petitioner with knife. He further submits that the statement of the victim girl recorded under Section 161 Cr.P.C. itself shows that she was a consenting party and that was seen by the informant and, as such, the informant gave knife blow to the

Patna High Court Cr.Misc. No.60443 of 2018 (3) dt.02-11-2018 2/2 petitioner. Later on, the victim had changed her story. The petitioner is in custody for more than four months. Heard the learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum- Special Judge, Bettiah, West Champaran, in Yogapatti P.S.Case No.307 of 2018 with condition that bailers must be of local having sufficient immoveable properties within jurisdiction of the court concerned. (Vinod Kumar Sinha, J) AnilKrSinha/- U