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Patna High CourtCR. MISC./4197/2024bail granted

Taufik Ansari @ Tofik Miyan @ Tafik Ansari v. The State Of Bihar

2024-03-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4197 of 2024 Arising Out of PS. Case No.-52 Year-2022 Thana- SRINAGAR District- West Champaran ====================================================== Taufik Ansari @ Tofik Miyan @ Tafik Ansari S/O Salim Ansari VillageBalua Nimuiya, Ps. Srinagar, Dist. West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 366(A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The prosecution case, in brief, is that on 13.04.2022 at about 11 PM (night), all the F.I.R. named accused persons including this petitioner kidnapped the minor daughter of the informant for some unlawful purpose. It is further alleged that the accused persons also threatened that they would kill informant's daughter.

4. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. As a matter of fact, there was love affairs between the victim (daughter of informant) and this petitioner, which was not liked by the her family members, and due to this reason, the victim herself committed suicide and her family members threw her dead-body

Patna High Court CR. MISC. No.4197 of 2024(3) dt.07-03-2024 2/2 and subsequently, her dead body was found. During course of investigation, the witnesses have not supported the prosecution case and submitted that due to the abuse, committed by the informant, the deceased committed suicide in her house. Subsequently, the informant has also been made accused in this case. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances as well as materials placed during course of investigation, the prayer for anticipatory bail is allowed. In the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO-cum-Additional District Judge - VI, West Champaran at Bettiah in connection with Shrinagar P.S. Case No. 52 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T