Patna High Court
Sonu Kumar @ Sonu Ansari vs The State Of Bihar on 7 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 16740 of 2021
Arising Out of PS Case No.-38 Year-2019 Thana- MAHILA PS District- Siwan
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Sonu Kumar @ Sonu Ansari, aged about 23 years, Gender-Male, Son of
Kalam Ansari @ Abdul Kalam Ansari, Resident of Village - Akashi More,
Chotaka Teghara, PS - Maharajganj, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Anant Kumar Bhaskar, Advocate
For the State : Mr. Md. Arif, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 07-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. Anant Kumar Bhaskar, learned counsel for
the petitioner and Mr. Md. Arif, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. This is the second attempt for bail by the petitioner as
earlier such prayer of the petitioner was rejected by order dated
08.01.2020 passed in Cr. Misc. No. 83110 of 2019.
Patna High Court CR. MISC. No.16740 of 2021 dt.07-07-2021
4. The petitioner is in custody in connection with Siwan
Mahila PS Case No. 38 of 2019 dated 19.06.2019, instituted under
Sections 341, 323, 354B and 376D of the Indian Penal Code.
5. As per the FIR, the allegation is that the daughter of
the informant was taken to an orchard, assaulted and also raped by
the petitioner and three others.
6. Learned counsel for the petitioner submitted that the
allegation is totally false as the girl belonged to the same village
and further that there is no medical report on record to show that
such offence was committed and that is why upon submission of
charge-sheet, charge has been framed only under Sections 341,
323 and 354/34 of the Indian Penal Code. Learned counsel drew
the attention of the Court to the statement of the victim girl (PW1)
before the Court during trial in which she has stated that she had
actually meant to state that she was harassed and teased and
wrongly it was stated that she was raped. Learned counsel
submitted that the petitioner has no criminal antecedent and is in
custody since 18.07.2019. It was submitted that similarly situated
co-accused namely, Ramesh Manjhi; Raja Kumar and Rahul
Kumar, whose prayer for bail was also rejected by order dated
08.01.2020 passed in Cr. Misc. No. 83110 of 2019, have
Patna High Court CR. MISC. No.16740 of 2021 dt.07-07-2021
subsequently been granted bail by order dated 24.02.2021 passed
in Cr. Misc. No. 26349 of 2020.
7. Learned APP submitted that the allegation is of
having committed rape. However, the statement of the victim
herself that she had alleged only harassment and teasing, could not
be controverted.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Siwan in Siwan Mahila PS Case No. 38 of 2019,
subject to the conditions (i) that one of the bailors shall be a close
relative of the petitioner, (ii) that the petitioner and the bailors
shall execute bond with regard to good behaviour of the petitioner,
and (iii) that the petitioner shall cooperate with the
Court/police/prosecution. Any violation of the terms and
conditions of the bonds or failure to cooperate shall lead to
cancellation of his bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
the notice of the Court concerned, which shall take immediate
Patna High Court CR. MISC. No.16740 of 2021 dt.07-07-2021
action on the same after giving opportunity of hearing to the
petitioner.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
