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PATNA HIGH COURT
SMT. SONI SHRIVASTAVA, J
MD. SAIF ALI ANSARI – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual basis for the case and application. (Para 3 , 4 , 5 , 6) |
| 2. arguments for quashing by both parties. (Para 7 , 8) |
| 3. court's analysis of relationship and consent. (Para 9 , 10 , 11 , 12 , 14 , 15 , 16) |
| 4. legal standards for quashing prosecution and abuse of process. (Para 17) |
| 5. conclusion quashing the prosecution. (Para 18 , 19) |
ORAL JUDGMENT
Date : 12-01-2026 Heard Mr. S.M. Ashraf, learned Senior counsel for the petitioner assisted by Mr. Shehan Ashraf, learned Advocate and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Despite valid service of notice, none appears on behalf of opposite party no.2.
3. The present application has been filed for quashing of the order dated 17.11.2021 passed by the learned Additional Sessions Judge-I, Bhagalpur in S.Tr. No. 161 of 2021 (arising out of Jagdispur P.S. Case No.121 of 2019) whereby and whereunder the petition dated 26.10.2021 filed by the petitioner under Section 227 Cr.P.C. to discharge the petitioner under Section 376 of the Indian Penal Code (hereinafter referred to as IPC) has been rejected.
4. The brief facts leading to the impugned order emanates from an F.I.R bearing Jagdishpur P.S. Case No. 121 of 20
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