Md. Jalal Ansari @ Jalal Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6192 of 2023 Arising Out of PS. Case No.-177 Year-2021 Thana- PARSAUNI District- Sitamarhi ====================================================== Md. Jalal Ansari @ Jalal Ansari S/O Late Bhikari Ansari R/V- Sarkhauli, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhubala Verma For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act. The allegation against the petitioner and other co-accused persons is that they abducted the minor sister of the informant.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has
Patna High Court CR. MISC. No.6192 of 2023(2) dt.10-04-2023 2/3 falsely been implicated in the present case. There is an inordinate delay of five days in lodging the F.I.R. From persusal of the impugned order, it appears that, the victim has not whispered about the complicity of petitioner in her abduction, in her statement recorded under Section 164 of Cr.P.C. and she has not supported the prosecution case in her statement. Moreover, the petitioner is languishing in judicial custody since 14.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused persons have been granted bail vide order dated 24.11.2022, passed in Cr. Misc. no. 43636 of 2022 by the co-ordinate Bench of this Court.
Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and
Patna High Court CR. MISC. No.6192 of 2023(2) dt.10-04-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Parsauni P.S. Case No. 177 of 2021 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 Additional Sessions Judge VI-cum-Special Judge (POCSO Act), Sitamarhi. (Sunil Kumar Panwar, J) nirajkrs/- U T