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2026 Supreme(Online)(Pat) 310

PATNA HIGH COURT
SMT. SONI SHRIVASTAVA, J
MD. SAIF ALI ANSARI – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Syed Masleh Uddin Ashraf, Sr. Advocate, Mr. Shehan Ashraf, Advocate
For the Respondents: Mr. Bhanu Pratap Singh, APP

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 2019 dated 26.04.2019, registered under Section 34 1 , 376, 379/34 of the IPC on the written statement of the informant Rabina Tabassum aged about 25 years, alleging inter alia that on the allurement and pretext of marriage, the informant was subjected to sexual exploitation by the petitioner for the last one year. The F.I.R further discloses that on 22

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