Patna High CourtCR. MISC./8829/2025dismissed

Md. Shamsher Ansari v. The State Of Bihar

2025-02-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8829 of 2025 Arising Out of PS. Case No.-218 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Md. Shamsher Ansari S/o- Md. Abash Anasari R/o- Agthu Dhargah Pokhar, P.s.- Belaganj, Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 366(A), 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that, from perusal of medical report, it manifests that the victim is aged about 20 years. He further submits that there is no allegation against the petitioner of committing sexual assaulted. He next submits that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.8829 of 2025(2) dt.28-02-2025 2/2 02.12.2024. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that the victim, in her statement recorded under Section 164 of the Cr.P.C., has supported the prosecution case.

6. Considering the facts and circumstances of the case and the fact that the victim in her statement under Section 164 of Cr.P.C. has supported the prosecution case, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Belaganj P.S. Case No.218 of 2024.

7. However, the petitioner shall be at liberty to renew his prayer for bail after framing of charges. (Anjani Kumar Sharan, J) anand/- U T