Nizamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16744 of 2020 Arising Out of PS. Case No.-411 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== NIZAMUDDIN ANSARI Son of Idrish Ansari @ Idrish Miyan Resident of Village - Rudalpur, P.S.- Jogapatti, Dist.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 448, 354B, 341, 323, 504/34 of the Indian Penal Code and Section 8 of the POCSO Act.

Prosecution case as lodged by the informant is that on 19.11.2019 at about 6.30PM, co-accused Mainuddin Ansari entered into her house and started holding her daughter with illicit intention and when she forbade him to do act of teasing, he started assaulting her with fists and slaps. On hulla, Nizamuddin Ansari came and hurled abuses and assaulted with

Patna High Court CR. MISC. No.16744 of 2020(3) dt.11-09-2020 2/3 fists and slaps. In the meantime, people of vicinity arrived and saved her from further assault.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He submits that the allegation of teasing has been levelled against the co-accused Mainuddin Ansari (brother of the petitioner) and so far as allegation against the petitioner is concerned, he is said to have assaulted her with fists and slaps. He submits that statement of the so called victim Chanda Kumari has been recorded under Section 164 Cr.P.C. and she has not taken the name of the petitioner. He further submits that petitioner has no criminal antecedent.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, under POCSO Act, West Champaran, Bettiah in connection with Jogapatti Police Station Case No. 411 of 2019, subject to the conditions as laid down under Section 438(2)

Patna High Court CR. MISC. No.16744 of 2020(3) dt.11-09-2020 3/3 of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T