Hasnain Ahmad @ Hasnain Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5026 of 2024 Arising Out of PS. Case No.-626 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Hasnain Ahmad @ Hasnain Ansari, S/o Akbar Ahmad, Resident of VillageRanapur, P.S. Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey, Advocate Mr. Ashwini Kumar Upadhyay, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Koilwar P.S. Case no. 626 of 2023, registered under sections 363, 366A and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that her 17 year old daughter was taken away by the petitioner with the intention of marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Referring to the order of the learned trial Court it is submitted that the so called victim daughter of the informant returned and her statement was recorded under section 164 of the Cr.P.C. as also she was medically examined. In the medical examination her

Patna High Court CR. MISC. No.5026 of 2024(2) dt.07-02-2024 2/2 age was assessed to be 19 years and in her statement under section 164 Cr.P.C. she has categorically stated that she left her home out of her own free will, went to Varanasi and called the petitioner herein from where both of them went to Ajmer. The petitioner is in custody since 27.10.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and having perused the contents of the order of the learned trial Court from which it transpires that the age of the victim was assessed to be 19 years as also the contents of the statement recorded under section 164 Cr.P.C., the petitioner is directed to be enlarged on bail in connection with Koilwar P.S. Case no.626 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara.

(Partha Sarthy, J) avinash/- U T