Badrul Hasan @ Badarul Hasan Ansari @ Badrul Hassan Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31741 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- KANGLI District- West Champaran ====================================================== BADRUL HASAN @ BADARUL HASAN ANSARI @ BADRUL HASSAN ANSARI S/o Salauddin Ansari R/o village- Kathiya Mathiya Tola Pokhariya, P.S.- Kangali, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. advocate Mr. Jitendra Kumar Singh For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2021 Heard learned senior counsel for the petitioner, the State and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 366, 504, 506/34 of the Indian Penal Code.
As per the prosecution case, sister of the informant became traceless from his house on 16.03.2020. It is alleged that after receiving information the informant sent message to his brother-in-law, husband of victim, who inquired into the matter and found that petitioner has abducted sister of informant with intention to marry her.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that as per FIR it is apparent that informant
Patna High Court CR. MISC. No.31741 of 2021(3) dt.02-11-2021 2/3 came to know about missing of his sister on 16.03.2020 for after lapse of three months the FIR has been lodged. Petitioner is covillager of the informant no direct or indirect material has been collected during the course of investigation to show the complicity of this petitioner in the aforesaid crime. It is surprising that the victim has became traceless from the matrimonial house and none of the family members of the inlaw including the husband of the victim has given any such information to the police about missing of the victim. Petitioner is nowhere connected either with the informant or the victim. Petitioner claims clean antecedent and is in custody since 30.11.2020 and investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that during the course of investigation it has come that petitioner used to put pressure upon the victim to marry with him and on refusal he along with others kidnapped the sister of informant. Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.31741 of 2021(3) dt.02-11-2021 3/3 Bettiah in connection with Kangali PS case No. 53/2020 . BKS/- (Prabhat Kumar Singh, J) U T