Md. Afroj Ansari @ Md Aphroj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11010 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- JHAJHA District- Jamui ====================================================== Md. Afroj Ansari @ Md Aphroj SON OF MD. KALIM ANSARI RESIDENT OF VILLAGE -BALIYADIH PS- JHAJHA DISTRICT- JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Prasad Singh For the Opposite Party/s :
Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 354(B), 379 and 34 of the Indian Penal Code read with Section 8 of the POCSO Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case by the informant for the reason that earlier the niece of the petitioner had instituted Jhajha P.S. Case No. 352 of 2023 against the father of the informant and others alleging therein that they tried to outrage her modesty and when her uncle i.e. the present petitioner intervened who was assaulted along with the informant and they were taken to the
Patna High Court CR. MISC. No.11010 of 2024(2) dt.06-03-2024 2/3 hospital for treatment. It is further submitted that the said FIR is dated 11.07.2023 and the instant case also came to be instituted immediately thereafter on 11.07.2023 being Jhajha P.S. Case No. 354 of 2023. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation does not inspire confidence for the reason that allegation is of attempt of committing molestation by the petitioner, when the petitioner on the said date was already taken to the hospital for treatment as he had objected the accused persons from teasing his niece.
4. Learned A.P.P. for the State along with the learned counsel for the O.P. No. 2 opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhajha P.S. Case No. 354 of 2023 subject to the conditions as laid down under
Patna High Court CR. MISC. No.11010 of 2024(2) dt.06-03-2024 3/3 Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T