Mohammad Salam @ Abdul Salam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21815 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- GORAUL District- Vaishali ====================================================== 1.
Mohammad Salam @ Abdul Salam Ansari S/O Late Abdul Sattar Resident at present Husena Khurd, Police Station- Goroul, Distt.- Vaishali and Permanent resident of Sandho Gulzarbagh, P.S- Goroul, Distt.- Vaishali. 2.
Sakila Khatoon W/O Mohammad Salam @ Abdul Salam Ansari Resident at present Husena Khurd, Police Station- Goroul, Distt.- Vaishali and Permanent resident of Sandho Gulzarbagh, P.S- Goroul, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-04-2025 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Goroul PS case no. 51 of 2024, disclosing offences punishable under Section 366A and other allied sections of the Indian Penal Code.
3.
The prosecution story, as per the Complaint-cumFirst Information Report, is that on 2/3.12.2023, when the informant's daughter had gone to attend nature's call, co-accused Sajjad Ansari kidnapped her and took her on a motorcycle. When the informant went to the house of Sajjad Ansari, his father and mother abused him. It is further alleged
Patna High Court CR. MISC. No.21815 of 2025(2) dt.30-04-2025 2/3 that the victim girl was kept with the petitioners. 4.
Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case merely because they happen to be the sister and brother-in-law of coaccused Sajjad Ansari. Learned counsel further submits that the victim girl was recovered but she has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C. Referring to Annexure-3 to this petition, which is an order passed by a co-ordinate Bench of this Court, granting anticipatory bail to co-accused persons i.e. parents of Sajjad Ansari, learned counsel submits that a counter affidavit has been filed by the Superintendent of Police in that case stating that the victim, after recovery, has not supported the case of prosecution. 5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioners are relatives of co-accused Sajjad Ansari and victim has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., I am inclined to grant the privilege of anticipatory bail to the petitioners.
6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their
Patna High Court CR. MISC. No.21815 of 2025(2) dt.30-04-2025 3/3 arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Vaishali at Hajipur in connection with Goroul PS case no. 51 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T