Md. Salauddin Ansari @ Salauddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81559 of 2023 Arising Out of PS. Case No.-562 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== MD. SALAUDDIN ANSARI @ SALAUDDIN ANSARI SON OF LATE MAJID ANSARI R/O VILLAGE- SAKHUA, P.S.- PIPRA, DIST.- SUPAUL ... ... PETITIONER/S
VERSUS
1.
THE STATE OF BIHAR PATNA 2.
MEHRUN KHATOON WIFE OF MANZOOR ANSARI R/O VILLAGESAKHUA, P.S.- PIPRA, DIST.- SUPAUL ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Masleh Uddin Ashraf , Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 376 of the Indian Penal Code .
3. The prosecution case, in brief, is that on July 2, 2018, at about 10:00 p.m., while the complainant was sleeping in her house along with her children, this petitioner, armed with a pistol, entered into her house and committed rape with her on
Patna High Court CR. MISC. No.81559 of 2023(4) dt.18-04-2024 2/3 the point of a gun.
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. As a matter of fact, the mother of the petitioner earlier filed a case in Pipra P.S. Case No. 145 of 2018 on July 6, 2018 u/s 341, 323, 504, 506, 354 B, 379, and 34 of I.P.C. against the complainant, her husband, and others, and in retaliation, this case has been lodged against this petitioner. He further submits that both parties are close relatives, and due to some money dispute, this false and concocted case has been lodged. After the intervention of the well-wishers, the dispute between the parties has been resolved, and a joint compromise petition has been filed in court below on October 31, 2023. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Supaul in connection with Complaint Case No. 562 C of 2018, subject to the conditions laid down under
Patna High Court CR. MISC. No.81559 of 2023(4) dt.18-04-2024 3/3 section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T