Jiyaullah Ansari @ Md. Jiyaullah Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10229 of 2024 Arising Out of PS. Case No.-161 Year-2020 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== JIYAULLAH ANSARI @ MD. JIYAULLAH ANSARI S/o Shamshul Ansari R/o Village-Phoolkahan, P.S.-Shyampur Bhataha, District-Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar For the Opposite Party/s :
Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Shyampur Bhatha P.S. Case No.161/2020 registered for the offence punishable under Sections 120(B), 363, 366(A), 376 of the Indian Penal Code & Section 4 of POCSO Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case by the informant with an allegation that his minor daughter was kidnapped and raped by Md. Ek Lakh Ansari. It is next submitted that though allegation of rape is not against the petitioner but then allegation of giving threat is there. It is next submitted that the statement of the victim was recorded under section 164 of the Cr.P.C. (Annexure-3), wherein she has not even remotely
Patna High Court CR. MISC. No.10229 of 2024(2) dt.29-02-2024 2/2 supported the case of the prosecution rather she stated that she on her own volition had gone to meet Md. Ek Lakh Ansari as her parents against her wishes had fixed her marriage. It is also submitted that there is no whisper with respect to the petitioner herein in the statement of the victim recorded under section 164 of the Cr.P.C.
4. Learned A.P.P. for the State 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Judge-1 or concerned Court, Sheohar in connection with Shyampur Bhatha P.S. Case No.161/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T