Md. Babar Ansari @ Babar Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74479 of 2018 Arising Out of PS. Case No.-58 Year-2017 Thana- BELAGANJ District- Gaya ====================================================== Md. Babar Ansari @ Babar Miyan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2019 Heard both sides.

The petitioner apprehends his arrest in Belaganj P.S. case No. 58 of 2017 registered under Section 376/511 of the Indian Penal Code and under Section 8 of the POCSO Act. The learned counsel for the petitioner submits that victim made allegation against the petitioner and Md. Shakib that they made abortive attempt to commit rape with her. On alarm many persons came and the accused persons fled away. It is submitted that police after investigation submitted final form finding the case false against the petitioner but the learned court below differed with the finding of I.O. and took cognizance against the petitioner. Md. Shakib has already been granted bail by the court below after remaining 15 days in custody. The petitioner is a teacher in Government school but from perusal of

Patna High Court Cr.Misc. No.74479 of 2018(3) dt.10-01-2019 2/2 FIR itself it appears that petitioner and Md. Shakib are alleged to have made abortive attempt to commit rape with victim, a minor girl. On alarm many persons came. During the course of investigation the victim and other witnesses have reiterated the facts.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T