Asgar Ansari @ Asgar Ansaree @ Asgar Miyan v. The State Of Bihar Through Its Dgp, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84111 of 2024 Arising Out of PS. Case No.-722 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Asgar Ansari @ Asgar Ansaree @ Asgar Miyan Son of Late Safrulla Ansari R/O-Village- Miun @ Minw, P.S -Sonhan , District- Kaimur, Bhabua (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through its DGP, Bihar, Patna Bihar 2.

The X through her Natural Guardian and Father Ohab Ansari D/O- Ohab Ansari R/O- Village- Miun @ Minw, P.S.- Sonhan, Distt.- Kaimur (Bhabua) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiw Kumar Prabhakar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2024 Heard the parties.

2. The petitioner is in custody in connection with Bhabhua (Sonhan) P.S. Case No. 722 of 2024 for the offence punishable under sections 127(2), 65(2) and 352 of the Bharatiya Nyaya Sanhita and Section 6 of the POCSO Act lodged on 12.09.2024 by the informant, Ohab Ansari.

3. As per the prosecution story, the allegation that has come against the petitioner is that while the minor daughter of the informant was going for tuition, he took her inside the shop and after providing a two rupees coin, committed sexual act. This led to the FIR.

4. Though learned counsel for the petitioner tried to

Patna High Court CR. MISC. No.84111 of 2024(2) dt.10-12-2024 2/2 impress upon this Court about the previous enmity of the neighbour, learned APP has pointed out that the girl himself had narrated her ordeal to the informant, she is nine years old and her statement cannot be disbelieved.

5. Considering the allegation that has come against the petitioner that he sexually assaulted a nine years old minor child, no relief can be extended to him.

6. The present bail application stands rejected. (Rajiv Roy, J) Adnan/- U T