Salauddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10740 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== SALAUDDIN ANSARI Son of Nabi Hassan Ansari @ Md. Hassan R/vNautanwa, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366/34 of the Indian Penal Code.
The daughter of the informant is said to have been kidnapped by the petitioner to solemnize marriage with her. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to local dirty politics. There is inordinate and abnormal delay of fifteen days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. It is further submitted that the
Patna High Court CR. MISC. No.10740 of 2023(3) dt.19-06-2023 2/2 victim in her statement made under Section 164 Cr.P.C. has not supported the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case and the statement of the victim made under Section 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gaunaha P.S. Case No.133 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T