Mujibur Rahman Ansari @ Lalo @ Md. Mojibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21099 of 2019 Arising Out of PS. Case No.-341 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Mujibur Rahman Ansari @ Lalo @ Md. Mojibur Rahman, age 24 Years, Male, Son of Late Md. Haroon Ansari Resident of Village - Bikrampur, Bandey, P.S. Samastipur Muffasil, District - Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Mustari Begum, W/o Md. Anwarul, R/o Vill-Vikrampur Bandedih, P.SSamastipur (Mufassil) Dist.-Samastipur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Nafisuzzoha, Advocate.

For the State :

Mr.Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 366(A)/34 of the IPC and 4 of POCSO Act.

The prosecution story, in brief, is that on 03.08.2016 the daughter of the informant, Yufan Parveen, aged about 16 Years, went for natural call at 5.00 A.M. towards field. She has not returned back for a long time thereafter informant, her family members and neighbours went to search but could not trace out. After sometime, she gathered knowledge that one neighbour of the informant, namely, Md. Rashid and Mujibur

Patna High Court CR. MISC. No.21099 of 2019(2) dt.04-04-2019 2/3 Rahman Ansari @ Lalo kidnapped her minor daughter for the purpose of rape and murder on a Bolero Jeep.

The present anticipatory bail application has been filed on behalf of the petitioner in pursuance to liberty granted to the petitioner vide order dated 19.02.2019 passed in Cr. Misc. No. 4801 of 2019.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim girl has been examined under Section 164 Cr. P.C. The allegation made in the F.I.R. is denied by the victim. The police after investigation submitted final form finding the case to be false. Thereafter, the case is proceeded on the basis of protest-cum-complaint case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.21099 of 2019(2) dt.04-04-2019 3/3 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-cum-A.D.J. I, POCSO Act, Samastipur, in connection with Complaint Case No. 341/2017 (CR(P) 1026/17), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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