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Patna High CourtCR. MISC./26564/2023allowed

Ahmad Mansoori @ Ahmad Ali v. The State Of Bihar

2023-06-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26564 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== Ahmad Mansoori @ Ahmad Ali Son Of Md. Kasim @ Kasim Ansari Resident Of Village - Shahpur Chhaurahia, P.S. - Sahiyara, Distt. - Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Pathak For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A of the Indian Penal Code and Sections 4/6 of the POCSO Act.

As per FIR, the allegation against unknown persons is that they kidnapped daughter of the informant due to ulterior motives.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not

Patna High Court CR. MISC. No.26564 of 2023(3) dt.27-06-2023 2/3 named in the FIR. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with case diary, wherein she has not whispered about any physical assault and physical misbehave with her by the petitioner. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 09.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sidhwaliay P.S. Case No. 393 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., Vithcum Special Judge POCSO, Gopalganj. (Sunil Kumar Panwar, J) lata/- U T

Patna High Court CR. MISC. No.26564 of 2023(3) dt.27-06-2023 3/3