Amzad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8643 of 2020 Arising Out of PS. Case No.-46 Year-2019 Thana- BHITAHA District- West Champaran ====================================================== AMZAD ANSARI, S/o Mukhtar Ansari, Resident of Village-Baluarwa Bazar Tola, P.S.-Bhitaha, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate.

For the Opposite Party/s :

Mr.Ansar Ul Haque, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 363 and 366A of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of minor daughter of the informant.

In the first statement recorded under Section 164 Cr.P.C. on 17.05.2019, the victim stated that she was staying in the house of her Mausi for 15-16 days. The petitioner was not involved in taking away her to any place. In the second statement recorded on 20.05.2019 under Section 164 Cr.P.C., the victim stated that she had love affairs with the petitioner as the petitioner was her neighbour. She went along with the petitioner to Pune. Some other persons were also there, but they returned

Patna High Court CR. MISC. No.8643 of 2020(3) dt.19-02-2021 2/2 back and she was in physical relation with the petitioner. Considering the conflicting statement of the victim, let the petitioner, above named, who is in custody since 01.11.2019, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bhitaha P.S. Case No. 46 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T