Rejected a petition for pre-arrest bail under IPC Sections 376 and 420. The single-judge court refused relief due to apparent fraudulent interpolation in the FIR regarding the victim's age, citing the petitioner's adverse conduct.
Prayer for grant of pre-arrest bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21837 of 2017
Arising Out of PS.Case No. -34 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS)
====================================================== Md. Firoj Ansari S/o Jamaluddin Ansari, Resident of Village-Nasriganj, P.S.- Nasriganj, District- Rohtas.
... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Amaresh Kumar Jha, Advocate For the Opposite Party/s : Sri Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
The petitioner seeks pre-arrest bail in connection with Nasriganj P. S. Case No. 34 of 2017 registered under Sections 376 and 420 of the Indian Penal Code.
It would be evident from the case-diary that the petitioner has tried to obtain bail by playing fraud upon the court. There is apparent interpolation in the FIR in order to show that the victim was an adult aged 26 years. Considering the gravity of the offence and the conduct of the petitioner, I am not inclined to grant him pre-arrest bail. Accordingly, his prayer for grant of pre-arrest bail is rejected.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
2 issues framed by the court
Whether pre-arrest bail should be granted where the petitioner attempted to fraudulently alter the victim's age in the FIR.
Whether the conduct of the petitioner in interpolating the FIR justifies rejection of the bail application.
Md. Firoj Ansari
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
