Ashan Ali @ Ahsan Ali @ Ahsan Alam v. The State Of Bihar
Case at a glance
- Bench
- RAJESH KUMAR VERMA
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 341, 379, 511
- Protection of Children from Sexual Offences Act, 2012 ss. 8, 17
- Code of Criminal Procedure, 1973 s. 164
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : For the Informant : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER Mr. Javed Aslam, Advocate Mr. Binod Kumar, APP Mr. Anshul, Advocate 2 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.
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.
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.
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 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.
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.
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.
Prayer is refused. (Rajesh Kumar Verma, J) ajay/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.