Ashan Ali @ Ahsan Ali @ Ahsan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82263 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- MAHILA P.S. District- Siwan ====================================================== Ashan Ali @ Ahsan Ali @ Ahsan Alam S/O Nasruddin Ansari @ Najruddin Miyan R/O Village- Bari Lakri, P.S- Basantpur (LAKRI Nabiganj O.P.) Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP For the Informant :

Mr. Anshul, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-01-2024 Heard Mr. Javed Aslam, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State as well as Mr. Anshul, learned counsel appearing on behalf of the informant.

2. The petitioner is apprehending his arrest in connection with Siwan Mahila P.S. Case No. 19 of 2023, F.I.R. dated 26.04.2023 for the offences punishable under Sections 341, 323, 379, 511 and 34 of the Indian Penal Code and Sections 8 and 17 of the POCSO Act.

3. According to prosecution case, the petitioner is said to have entered into the house of the informant and tried to commit sexual offence with her.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.82263 of 2023(2) dt.24-01-2024 2/2 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor as well as learned counsel for the informant on the basis of material available on record have vehemently opposed the prayer for bail of the petitioner and submit that there is direct and specific allegation against the petitioner that he has tried to commit rape upon the victim. He further submits that the statement of the victim recorded under Section 164 Cr.P.C. in which she has fully supported the prosecution case.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Siwan Mahila P.S. Case No. 19 of 2023 pending in the court of Additional District & Sessions Judge-VI-Cum-Special, Judge, POCSO, Siwan.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T