Samsul Hoda Ansari @ Samsul Ansari @ Samsul Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24511 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Samsul Hoda Ansari @ Samsul Ansari @ Samsul Alam Son Of Jakir Ansari R/O Village- Vairaganj, P.S.- Vairoganj, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-08-2022 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and Md. Arif learned APP of the state.

Petitioner seeks for grant of bail who is in custody in connection with Bagaha Mahila P.S. Case No. 02 of 2022, registered for the offences punishable under sections 376, 504, 506 of 34 of Indian Penal Code and under section 4 and 8 of protection of children from sexual offences.

As per prosecution case based on a written report alleging therein that on the protect of marriage the son of the petitioner had established physical relationship and when on 06.12.2021 when the boy and girl where caught in a compromising the position his family members of the petitioner

Patna High Court CR. MISC. No.24511 of 2022(2) dt.03-08-2022 2/3 executive before the police station however later on they refuse to solemnize the marriage.

Learned counsel appearing on behalf of the petitioner submits that from the F.I.R it appears that was a love affair in between body and girl only because of this petitioner being father of the Jisan Alam has been implicated in this case only when view to prescrived them in order to solemnize the marriage. It is next submitted that now to marriage of the informants daughter has been solemnized the son of the petitioner on 08.04.2022 and the dispute has been medically settled. It is next submitted even as the prosecution no case either under section 375 of the Indian Penal Code or section 4 and 8 of the POCSO Act. It is made ought against this petitioner. It is next submitted that this petitioner having fair antecedent and he is in custody since 04.07.2022 though after the conclusion of the charge-sheet has been submitted.

On the other hand, the learned counsel for the state opposes the bail application and submits that the petitioner is named in the F.I.R and allegation has been leveled against him.

Patna High Court CR. MISC. No.24511 of 2022(2) dt.03-08-2022 3/3 allegation of establishing physical relationship has been leveled and moreover, the boy and girl solemnized but marriage made the petitioner released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties.

(Harish Kumar, J) N.K/- U