Samiullah Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1343 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- BELA District- Sitamarhi ====================================================== SAMIULLAH ANSARI Son of Hazrat Ansari (Under the Guardianship of His Father), Resident of Village- Majaulia, P.S.- Bela, District- Sitamarhi ... Appellant
Versus
The State of Bihar ... Respondent ====================================================== Appearance :
For the Appellant :
M/s Arun Kumar & Nirmal Kumar Sinha 3, Advs.
For the Respondent :
Mr. Bipin Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 10-01-2022 Heard the parties through video conferencing. Learned counsel for the appellant submits that the appellant is a juvenile and the case of the appellant is at large on a better footing to those who have been granted bail by this Court.
Learned counsel submits as per the statement of the victim under Section 164 of the Criminal Procedure Code, there is no allegation of rape as against the appellant. Allegation is against the other co-accused Salman Ansari who has already been granted bail by this Court. Learned counsel submits that the appellant has remained in custody since 10.04.2020 although the appellant having prepared a video film along with some other persons.
Learned Additional Public Prosecutor submits that the allegation is levelled against the appellant.
Patna High Court CR. APP (SJ) No.1343 of 2021(3) dt.10-01-2022 2/2 I have considered the submissions.
Taking into consideration and after having perused the case diary, this Court finds that no case made out under Section 376 of the Indian Penal Code.
I allow this appeal. The appellant, above named, shall be released on bail in connection with Bela P.S. Case No. 42 of 2020 on submitting bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I-cum-Special Judge (Children Court), Sitamarhi.
The custody shall be handed over to his parents who will take care that the appellant in future will not involve in any other criminal case and even his proper education so that he may may away from unsocial elements.
(Sanjeev Prakash Sharma, J) Shamshad/- U T