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Patna High CourtCR. APP (SJ)/652/2022bail rejected

Motsir Ansari @ Muntashir Ansari v. The State Of Bihar

2022-08-11Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINALAPPEAL (SJ) No.652 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- BELA District- Sitamarhi ====================================================== MOTSIR ANSARI @ MUNTASHIR ANSARI S/o Late Md. Shafik Ansari Under the gaurdianship of Mohter Zaihda Begam, R/o ward No. 11, Malaha Tol, Fulhatha, P.S. - Bela, District - Sitamarhi. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Alok Kumar Jha, Adv.

For the Respondent/s :

Mr.Bipin Kumar, APP Mr.Shankar Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-08-2022 Heard the parties.

This is an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 against refusal of the prayer for bail to the appellant by order dated 19.01.2022 passed by 1st Additional Sessions Judge-cum-Special Judge (Children's Court), Sitamarhi in connection with Bela P.S. Case No.62 of 2021.

The impugned order mentions that atmosphere outside is not safe for the appellant and it is not in his interest to be released on bail as there is likelihood that if the appellant is released on bail, it would also expose him to moral, physical and psychological danger and would also defeat the ends of justice.

Patna High Court CR. APP (SJ) No.652 of 2022(3) dt.11-08-2022 2/2 The Social Investigation Report also shows that there is a lack of discipline of the appellant in his house and he appears to be of an aggressive nature and quarrelsome tendencies. It also shows that adverse comments have been received about the appellant from the people of his society. Having considered the facts and circumstances of the case and the report of the Probation Officer as also the submissions advanced on behalf of the parties, this Court does not find any error in the order of the Court below. Accordingly, this appeal is dismissed.

Let the defects as pointed out by the office be removed within a period of four weeks.

Harish/- (Arvind Srivastava, J) U T