Mohammad Shahjad Ansari @ Sajjad Ansari @ Shahjad Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27957 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Mohammad Shahjad Ansari @ Sajjad Ansari @ Shahjad Ansari S/o Ali Husain R/o Village- Husaina Khurd, Police Station- Goroul, District- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Firoz Ansari S/o Md. Hanif Ansari R/o Village- Husaina Khurd, Police Station- Goroul, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar, Advocate For the State :
Mr.Shahabuddin Azeem @ S. Azeem, APP For the Informant : Mr. Satyendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State and learned counsel appearing on behalf of the petitioner.
2. In the present case, the petitioner seeks bail in connection with Goroul P.S. Case No. 51 of 2024 registered for the alleged offences under Sections 363, 366A, 504, 506 of the Indian Penal Code.
3. As per prosecution case, the petitioner enticed away the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The victim girl was in love with the petitioner and they
Patna High Court CR. MISC. No.27957 of 2025(2) dt.07-05-2025 2/3 performed marriage and are living together. The statement of the victim girl was recorded under Section 164 Cr.P.C. wherein she stated that she voluntarily left with the petitioner and was not kidnapped by him. Learned counsel further submits that no offence is made out against the petitioner the victim girl is Muslim and after attaining age of puberty she can solemnize marriage with her own will and even the consent of parents is not required. Learned counsel further submits that the petitioner is in custody since 15.02.2025 and charge sheet has been submitted. The petitioner is having clean antecedent. Learned counsel further submits that co-accused persons have been granted anticipatory bail vide orders dated 28.02.2025 and 30.04.2025 passed in Cr. Misc. Nos. 4350 of 2025 and 21815 of 2025, respectively by different Co-ordinate Benches.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that petitioner enticed away the minor daughter of the informant and consent of minor is immaterial. Learned counsel appearing on behalf of the informant does not oppose the submission made on behalf of the petitioner and submits that some sort of compromise has taken place between the parties.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.27957 of 2025(2) dt.07-05-2025 3/3 submissions made on behalf of the parties and considering the voluntary nature of act of the victim girl and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court in connection with Goroul P.S. Case No. 51 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T