Sonu Ansari @ Sonu Kumar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71099 of 2019 Arising Out of PS. Case No.-255 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Sonu Ansari @ Sonu Kumar Ansari, Aged about 28 years, Male, S/o Kaimuddin Mansuri @ Kaimuddin Ansari, R/o Village Samhuta, P.S. Kachhawan, District Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2020 Heard both sides.

The petitioner seeks bail in Sasaram (Muf.) P.S. Case No.255 of 2019, registered under Sections 376 and 120(b) of the Indian Penal Code.

The victim alleged that Mumtaz Ansari who used to talk her called her and on his call she went to bus stand Nokha. Mumtaz Ansari with his friend Sonu Ansari, the petitioner, came there. The victim along with Mumtaz Ansari and Sonu Ansari went to Chandtan Shahid hill and they remained there till 2 O' clock and thereafter the victim returned from the hill along with Mumtaz Ansari and Sonu Ansari, but on the way, Sonu Ansari got down from the vehicle. She further alleged that after sometime Mumtaz Ansari took her inside a bush and committed rape with her.

Learned counsel for the petitioner submits that the victim did not make any allegation of rape against the petitioner. The victim simply alleged that the petitioner also accompanied

Patna High Court CR. MISC. No.71099 of 2019(3) dt.05-03-2020 2/2 along with the victim and Mumtaz Ansari and went to Chandtan Shahid hill. The petitioner never misbehaved with the victim. The petitioner is in jail since 06.08.2019.

The learned Additional Public Prosecutor did not dispute this fact.

Perused the case diary. The only allegation against the petitioner is that the petitioner also accompanied the victim with Mumtaz Ansari when they went to Chandtan Shahid hill but the victim did not make any allegation against the petitioner. The victim made specific allegation against Mumtaz Ansari that he committed rape with her.

Considering the facts aforesaid, petitioner, namely, Sonu Ansari @ Sonu Kumar Ansari is directed to 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 C.J.M., Dehri, Rohtas at Sasaram in connection with Sasaram (Muf.) P.S. Case No.255 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T