The High Court of Patna refused to enlarge the petitioner on bail in a case involving rape and other offences. The court noted the petitioner's prior dismissal of an anticipatory bail application and the strength of the evidence. The prayer was dismissed.
Prayer for bail refused; petitioner to remain in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16719 of 2022
Arising Out of PS. Case No.-151 Year-2019 Thana- KHANPURA District- Samastipur
======================================================
Afroj Ansari Son of Suleman Ansari, R/o Village- Siropatti, P.S.- Khanpur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Md. Hussamuddin Azad For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 30-08-2022
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 376, 504 of the Indian Penal Code.
The allegation against the petitioner is that the informant, who had initially filed a complaint case, has alleged that both are neighbours and on 14.09.2019 at 8.00 PM, the petitioner had come to the house of the complainant and asked her to accompany him to his house as his mother was ill, but she refused and thereafter the petitioner is said to have taken permission from the mother of the complainant, who allowed
Patna High Court CR. MISC. No.16719 of 2022(3) dt.30-08-2022 2/3
her to go. Thereafter, it is alleged that the petitioner on way took her to an orchard and forcibly committed rape and due to cry raised by the informant, passersby came and the petitioner had fled away and she had returned to her house.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the statement of the victim girl was recorded under Section 164 Cr.P.C. but the version of the statement under Section 164 Cr.P.C. and the complaint is different. He further submits that the complaint case has been filed after one month of the alleged occurrence and there is no explanation of delay of filing the complaint case. The petitioner is in custody since 22.12.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that earlier the petitioner has moved before Hon’ble Court for grant of anticipatory bail in Cr. Misc. No. 37182 of 2020 which was dismissed vide order dated 09.08.2021 in which all the aspects with regard to the Medical Board and statement of the victim girl recorded under Section 164 Cr.P.C. has been examined and after that anticipatory bail application of the petitioner has been dismissed and the allegation as alleged in
Patna High Court CR. MISC. No.16719 of 2022(3) dt.30-08-2022 3/3
the complaint petition and the victim girl in her statement under section 164 Cr.P.C. is fully supported.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Khanpur P.S. Case No. 151 of 2019 pending in the court of learned S.D.J.M., Samastipur.
Prayer is refused.
(Rajesh Kumar Verma, J)
mdrashid/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner charged with offences under Sections 323, 376, and 504 of the Indian Penal Code.
2 provisions across 2 enactments
Afroj Ansari
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
