Tejmmul Hussain @ Tejammul Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16156 of 2022 Arising Out of PS. Case No.-403 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== 1.
TEJMMUL HUSSAIN @ TEJAMMUL ANSARI S/O LATE SADIK ANSARI RESIDENT OF VILLAGE- KOLHUA, BAHUARAWA, P.S.- CHAUTARWA, DIST.- WEST CHAMPARAN 2.
ANISH ALAM S/O SHAHID ANSARI RESIDENT OF VILLAGEKOLHUA, BAHUARAWA, P.S.- CHAUTARWA, DIST.- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. A.G., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023
1) Heard learned counsel for the petitioners and learned A.P.P. for the State.
2) The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
3) The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that Razia and Alif Tara took his minor niece for attending the call of nature, but she did not return, thereafter the women disclosed that Anish, Tejammul, Israil, Khalil, Abu Bakar, Razia and Jaibun
Patna High Court CR. MISC. No.16156 of 2022(5) dt.13-07-2023 2/3 kidnapped his minor niece and took her on an auto and Abu Bakar who had come on a motorcycle had kept the motorcycle somewhere, it is next alleged that Israk Alam who works in a foreign country had instigated Abu Bakar to kidnap her.
4) The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that petitioner No. 2 being maternal uncle of Abu Bakar has been falsely implicated and petitioner No. 1 is a co-villager, it is further submitted that the victim has returned and her statement was recorded under Section 164 Cr.P.C. and even in her statement recorded under 164 Cr.P.C. the thrust of the allegation is against Abu Bakar.
5) Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6) Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
Patna High Court CR. MISC. No.16156 of 2022(5) dt.13-07-2023 3/3 of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chautarwa P.S. Case No. 403 of 2020 subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T