Altaf Ansari v. The State Of Bihar
Patna High Court Cr.Misc. No.46394 of 2016 (3) dt.28-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46394 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -BHORE District- GOPALGANJ ======================================================
1. Altaf Ansari Son of Phulwas Mansuri alias Phulwas Ansari. resident of Villagek- Pakhopali (Sisai), Police Station- Bhorey, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh,Advocate.
For the Opposite Party/s : Mr. R.B.Roy, Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 28-11-2016 Heard Mr. Singh for the petitioner and Mr. Raman APP for the State.
The case in which the petitioner prays for bail was initially lodged under Section 366A/34 of the IPC but later chargesheet was submitted under Sections 366A/34 and 376 of the IPC. The mother lodged the case that her 16 years old daughter was kidnapped by the petitioner and other co-accused Bhutu Ansari. The victim girl, on retrieval , made statement under Section 164 of the Cr. P.C. naming the petitioner as the one who had kidnapped/abducted her and brought to Delhi whereafter an attempt was being made to sale her in the market. Contention of the petitioner is that out of animosity the case has been lodged. The petitioner has clean past. No specific date of the occurrence was mentioned in the FIR. The petitioner is in custody since 25.06.2016. It is further submitted
Patna High Court Cr.Misc. No.46394 of 2016 (3) dt.28-11-2016 that the age of the victim was medically assessed at 17-18 years. Learned APP opposed the prayer and submitted that the victim in her statement clearly alleged against the petitioner.
Considering the facts and circumstances of the case, this Court, for the present, is not inclined to grant the privilege of bail to the petitioner. Prayer is, accordingly, rejected. (Kishore Kumar Mandal, J) Shyam/- U T