Shahid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36121 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- DHANSOI District- Buxar ====================================================== Shahid Ansari Son of Kadir Ansari Resident of Village - Itarhi, P.S.- Itarhi, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Najmul Hoda, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner as well as learned APP for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

The petitioner seeks bail in connection with Dhansoi P.S. Case No.07 of 2021 registered for the offence punishable under Sections 363, 366A of the IPC.

The prosecution case in short is that the daughter of the informant went for study at Badi Maszid where Maulbi Sahid Ansari used to teach the children, when the informant's daughter did not return home, the informant went to mosque to search her but he found that the mosque is closed, then he called the Shahid Ansari but his mobile was switched off. The informant has doubt that Shahid Ansari has kidnapped her

Patna High Court CR. MISC. No.36121 of 2021(4) dt.28-02-2022 2/3 daughter.

Learned counsel appearing on behalf of the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the date of occurrence as alleged in the FIR was 14.01.2021 and the present FIR was lodged on 19.01.2021. He further submits that the victim girl was in love affair with the petitioner. He further submits that the statement of the victim was recorded under Section 164 Cr.P.C., in which she has not supported the prosecution case. Learned counsel for the petitioner further submits that charge sheet has been submitted against the petitioner and is in custody since 21.01.2021. Learned APP for the State on the basis of the material available on the record and the case diary has fairly submits that there is no sufficient material against the petitioner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar/successor court in connection with Dhansoi P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.36121 of 2021(4) dt.28-02-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Prakash Narayan /- U T