Shahid Ansari @ Sahid Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31251 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Shahid Ansari @ Sahid Raza S/O-Rauf Ansari R/O Village - Semra, P.S. Gopalpur, District Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aphrina Khatun, D/O - Riyasat Miya, W/O- Shahid Ansari@ Sahid Raza R/O Village - Semra, P.S. Gopalpur, District Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

Mr. Satish Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP Sri Chandra Bhushan Prasad for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 376(2)(1) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner, on false promise of marriage, established physical relation and later, resiled from marrying the informant.

Patna High Court CR. MISC. No.31251 of 2024(3) dt.14-08-2024 2/3

4. The learned counsel for the petitioner submits that on account of certain confusion, the marriage could not take place, but on intervention of well-wishers, the petitioner solemnized Nikah with the informant on 07.01.2024 as is evident from the Nikahnama (Annexure-3). It is next submitted that informant is residing with the petitioner at her matrimonial home as wife. Further, the petitioner and the informant have sworn a joint affidavit that they have performed their marriage (Annexure-4).

5. The the learned counsel for the informant does not dispute the submissions made by the learned counsel appearing for the petitioner and submits that he has instructions not to oppose the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum- Special Judge POCSO, Gopalganj in connection with Gopalpur P. S. Case No.279 of 2023, subject to the conditions laid down under

Patna High Court CR. MISC. No.31251 of 2024(3) dt.14-08-2024 3/3 Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T