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Patna High CourtCR. MISC./30500/2024allowed

Md. Ajad Ansari @ Md. Ajad Alam @ Aajad Alam v. The State Of Bihar

2024-05-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30500 of 2024 Arising Out of PS. Case No.-26 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Md. Ajad Ansari @ Md. Ajad Alam @ Aajad Alam, Son of Jubaid Ansari Resident Of Village- Majhariya, P.S.- Kesariya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Chakia P.S. Case No. 26 of 2022, instituted under Sections 363, 366(A) of the Indian Penal Code.

3. As per the prosecution case, daughter of the informant had gone to learn sewing but she did not return. Informant raised suspicion that the petitioner might have taken away her daughter with jewellary worth Rs. 1 lac and cash of Rs. 10,000/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics and ulterior motives. In medical report age of the victim has been assessed as 17 to 18 years and in her statement under Section 164 Cr.P.C. she has stated that

Patna High Court CR. MISC. No.30500 of 2024(2) dt.21-05-2024 2/2 she had left her house on her own pleasure. No one had abducted her. She further stated that her parents had fixed her marriage with an old person due to which she left her house and her parents filed the case of abduction. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge VII-cum- Special Judge, POCSO Act, East Champaran/concerned Court in connection with Chakia P.S. Case No. 26 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T