Ansar Alam @ Md. Ansar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88652 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- MAHILA P.S. District- Kishanganj ====================================================== Ansar Alam @ Md. Ansar Alam S/o Late Mahiruddin R/o Village- Sitagachh, Birnia, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the State :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner, learned counsel representing the informant as also learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Kishanganj Mahila P.S. Case No. 47 of 2024 for the offence under Sections 341, 342, 323, 376, 417, 419, 420, 504, 506 and 34 of the Indian Penal Code, lodged on 08.08.2024 by the informant, Jamaira Khatoon.
3. As per the prosecution story, the informant alleged that the petitioner raped her against her will on the pretext of marriage. As he needed money, she also gave him the financial assistance of Rupees 4 Lakhs but when she wanted the money back not only she was abused, in Rajasthan while she was visiting there was locked in a room and raped against her will under the threaten of killing the lady. This led to the F.I.R.
4. Learned counsel for the petitioner submits that a
Patna High Court CR. MISC. No.88652 of 2024(3) dt.08-05-2025 2/2 perusal of the F.I.R. would show that the relationship was consensual, it is hard to believe that such a big amount shall be handed over to him as alleged in the F.I.R. and it is just a thought of the lady that even in Ajmer (Rajasthan), she was raped. There is delay in lodging of the F.I.R. and the same has not been explained.
5. Learned counsel representing the informant as also the learned APP on the other hand opposes the prayer for bail submitting that a perusal of the F.I.R. would show that it is not only a case of raping her on the pretext of marriage, she has also been threatened of dire consequences when lastly raped her against her will at Ajmer (Rajasthan). Besides, there is allegation of cheating by taking away Rupees 4 Lakhs with the false promise of getting it returned but upon demand, was threatened.
6. Having gone through the facts of the case as also materials on record and the submissions put forward by the parties, clearly the prosecution has made out a case, raping her against will at Ajmer cannot be consensual, besides, she was also threatened. In that background, it would be appropriate that the petitioner seek bail.
7. The anticipatory bail application stands rejected. (Rajiv Roy, J) vinayak/- U T