Neyaj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1498 of 2021 Arising Out of PS. Case No.-71 Year-2020 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== NEYAJ ANSARI, Son of Arif Ansari, Resident of Village- Sagrauwa, Police Station- Purshottampur, District- West Champaran. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar No 7, Advocate.

For the Respondent/s :

Mr. Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-06-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 06.01.2021 passed by the learned Addl. District and Sessions Judge-VII cum Special Judge (POCSO), Bettiah, West Champaran in B.P. No. 3233 of 2020, arising out of Purshottampur P.S. Case No. 71 of 2020 registered under Sections 376/504/506 of the Indian Penal Code, Sections 3, 4 and 8 of the POCSO Act and Sections 3(i)(r)/3(2-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The statement of the victim girl recorded under

Patna High Court CR. APP (SJ) No.1498 of 2021(2) dt.30-06-2021 2/2 Section 164 Cr.P.C. would reveal that she had levelled allegation of rape against co-accused Mainuddin. She has said nothing against the appellant. Investigation of the case is already complete.

Considering the facts aforesaid, let the appellant, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T