The Patna High Court refused to grant anticipatory bail to petitioner Md. Sarfaraj Ansari accused of offences under sections 376/34 IPC involving sexual assault and ping overexaggerated pregnancy claims.
Anticipatory bail to petitioner in Bochaha P.S. Case No. 121 of 2011 not allowed.
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Patna High Court Cr.Misc. No.22746 of 2013 (3) dt.24-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22746 of 2013
====================================================== Md. Sarfaraj Ansari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 24-09-2013 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 376/34 of the Indian Penal Code. The accusation is of establishing forceful physical relationship with the daughter of the informant and continuing the same on the promise of marriage. The accusation has been supported by the victim in 164 Cr.P.C. statement where she stated that she conceived due to physical relationship with the petitioner and was carrying pregnancy of four months.
It is submitted by the learned counsel for the petitioner that the medical report does not support the accusation levelled against the petitioner. However, learned APP submits that the I.O. recorded the finding of ultrasound report in the case diary which also suggests that the victim was carrying pregnancy. It is further submitted by learned counsel for the petitioner that a case was lodged at the behest of the petitioner against the
Patna High Court Cr.Misc. No.22746 of 2013 (3) dt.24-09-2013
informant side on 5.12.2012 but the present case was lodged on 1.7.2011.
Considering the aforesaid facts, this court is not inclined to grant anticipatory bail to the petitioner in connection with Bochaha P.S. Case no. 121 of 2011 pending in the court of learned C.J.M., Muzaffarpur.
(Dinesh Kumar Singh, J)
Anil/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in case under sections 376/34 of the IPC.
Whether discrepancies in chronology and chargesheet filing affect bail grant.
Md. Sarfaraj Ansari
The State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
