Amir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23415 of 2018 Arising Out of PS. Case No.-156 Year-2017 Thana- DERNI District- Saran ====================================================== Amir Ansari, S/o Khalil Ansari, R/o Village- Khirhikiya, P.S.- Derni, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Derni P.S. Case No. 156 of 2017, instituted for the offence under Sections 366(A),120(B)/34 of the IPC.

In the written report, it is alleged that the daughter and niece of the informant had gone for tuition but did not return. During the course of search, the informant learnt that his daughter and niece have been taken away by this petitioner and other co-accused persons with purpose of marriage after converting their religion. The niece of the informant Monika Kumari has been recovered and given her statement under Section 164 Cr.P.C., which has been enclosed as Annexure-2 to this petition, wherein, she has admitted her age 19 years and

Patna High Court Cr.Misc. No.23415 of 2018(2) dt.19-04-2018 2/2 stated that she had voluntarily gone with this petitioner and changed her religion to perform marriage with him. She has further stated that she wants to live with the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Derni P.S. Case No. 156 of 2017 to the satisfaction of the learned ACJM-VIIth, Saran at Chapra, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.