Ainul Ansari @ Aenul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1296 of 2019 Arising Out of PS. Case No.-9 Year-2018 Thana- RAJPUR District- Rohtas ====================================================== 1.

AINUL ANSARI @ AENUL ANSARI Son of Ali Muddin Ansari Resident of Village- Mominpur, P.S.- Rajpur, District- Rohtas. 2.

Kusum Bibi Wife of Ainul Ansari @ Aenul Ansari Resident of VillageMominpur, P.S.- Rajpur, District- Rohtas. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Santosh Kumar Pandey For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 19-06-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Rajpur P.S. Case No. 09 of 2018 registered under Sections 366, 504, 34 of the Indian Penal Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellants is that the appellants are innocent and have falsely been implicated in the present case. Further submission is that in the statement recorded under section 164 Cr. P.C. (Annexure-2), the daughter of the informant clearly stated that she left her house

Patna High Court CR. APP (SJ) No.1296 of 2019 dt.19-06-2019 2/2 and married with one Sultan according to her sweet will and mentioned her age 20 years as major. She clearly stated that her parents tortured her.

Having heard both sides and in the facts and circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Rohtas at Sasaram in connection with Rajpur P.S. Case No. 09 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order dated 26.09.2018 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date