Md. Mobin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10934 of 2016 Arising out of PS.Case No. -147 Year- 2015 Thana -NAWINAGAR District- AURANGABAD ====================================================== Md. Mobin Ansari, S/o late Md. Jumrati Ansari, R/o Vill-Raghunathganj, P.S. Navinagar District Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Navinagar P.S. Case No. 147 of 2015, G.R. Case No. 1879 of 2015 for the offences instituted under Sections 363 and 365 of the IPC.

The prosecution story, in brief, is that on 30.08.2015, the informant was sleeping alongwith the victim girl on the roof of his house at about 2.30 A.M. when she awoke but she did not see the victim girl there. During search of the victim, the informant learnt that accused persons Wasim Akram, Md. Mobin Ansari-petitioner, Laddu Ansari and Md. Guddu Ansari have didnapped the victim girl for the sake of marriage. It is further alleged that for the same

Patna High Court Cr.Misc. No.10934 of 2016 (2) dt.18-04-2016 2/3 type of occurrence, previously Navinagar P.S. Case No. 86/2015 has been instituted under Sections 363 and 365 IPC in which the compromise was taken with a condition that accused Wasim Akram will not come in his own village till marriage of the victim girl and again same type of offence was committed with the help of other accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Prior to institution of the present F.I.R., an F.I.R., vide Annexure-2 was instituted by the mother of the victim alleging that her daughter has been abducted by Wasim Akram and other accused persons. In the said case, the victim was examined under Section 164 Cr. P.C. which is Annexure-3 to the present application. The victim has stated in her statement that she wanted to marry with Wasim Akram and she has got married to the said Wasim Akram. Later on, the brother of the victim has instituted the present case making a similar allegation against Wasim Akram and other accused persons including the petitioner. The victim after the marriage is residing with Wasim Akram with whom she performed marriage. So far as the petitioner is concerned, he has falsely been implicated in the present case. The marriage certificate of the victim is Annexure-4 to the present application.

Patna High Court Cr.Misc. No.10934 of 2016 (2) dt.18-04-2016 3/3 On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Navinagar P.S. Case No. 147/2015, G.R. Case No. 1879/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Ist, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T