Md. Ansar @ Md. Ansar Ali @ Ansar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4234 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Md. Ansar @ Md. Ansar Ali @ Ansar Ali Son Of Saukat Ali R/V- Gariya, P.SJalalgarh Dist- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal Sr. Adv Mr.Dr. Bidhu Ranjan Mr. Kumar Rajdeep For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Jalalgarh P.S. Case No. 70 of 2022 registered under sections 341, 323, 363, 366, 379, 504 and 34 of the Indian Penal Code.
It is alleged against the petitioner that he enticed away the wife of the informant along with cash of Rs. 60,000/- and silver and gold ornaments.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted that the
Patna High Court CR. MISC. No.4234 of 2023(2) dt.07-04-2023 2/3 alleged occurrence took place on 17.04.2022 and the present F.I.R. was lodged on 22.04.2022 without explaining the delay. The victim though in her 164 Cr.P.C. statement has alleged that 10-12 persons including the petitioner have kidnapped her but no body of her vicinity have come forward and supported the case of the prosecution. In her 164 Cr.P.C. statement, she has also alleged the commission of rape against the petitioner but no sign of recent sexual intercourse was found in the medical examination of the victim. The victim is a married and matured lady and she might have eloped with the petitioner out of her own sweet will. It is further submitted from para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 12.08.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jalalgarh P.S. Case No. 70 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.4234 of 2023(2) dt.07-04-2023 3/3 to the satisfaction of the learned Judicial Magistrate, First Class, Purnia.
(Sunil Kumar Panwar, J) shubham/- U T