Patna High CourtCR. MISC./14118/2024bail granted

Md. Anallah Ansari @ Md. Anallulah v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14118 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Md. Anallah Ansari @ Md. Anallulah S/o Anbar Ansari R/o vill - Mugalpur, P.s - Banshi, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Tankuppa P.S. case No. 184 of 2023 instituted for the offences under Sections 363 and 366(A) of the Indian Penal Code.

3. Prosecution allegation, in short, is that the daughter of the informant left for school and later did not return. The informant suspects and somebody has kidnapped her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this

Patna High Court CR. MISC. No.14118 of 2024(2) dt.11-03-2024 2/3 case. The petitioner is not named in the F.I.R. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that she went to Haryana with the petitioner and performed marriage on 08.10.2023 and is very happy with the petitioner. The has been compromised between the parties and for which a joint petition has been filed in the Court below by way of Annexure-3 to this application.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. The victim is present in Court. On query made by this Court, the victim replied that she has already solemnized marriage with the petitioner and is also carrying pregnancy.

7. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the fact that victim has solemnized marriage with the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with

Patna High Court CR. MISC. No.14118 of 2024(2) dt.11-03-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tankuppa P.S. case No. 184 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T