Milasir Ansari @ Mowasir @ Mobasir Ansari @ Milsar Ansari @ Manwasare Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29400 of 2025 Arising Out of PS. Case No.-105 Year-2019 Thana- DAWATH District- Rohtas ====================================================== Milasir Ansari @ Mowasir @ Mobasir Ansari @ Milsar Ansari @ Manwasare Ansari S/o Naseer Ansari @ Naseem Ansari Resident of Village- Rajandih, P.S.- Rajpur, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim, Adv.
For the Opposite Party/s :
Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 582/2024 arising out of Dawath P.S. Case No. 105 of 2019 dated 25.06.2019 registered for the offences punishable u/ss 366A read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by inducting her for marriage. It is further alleged that the other accused, Hasanu Ansari had facilitated in kidnapping of the informant's daughter under a conspiracy while she had gone to Maliyabagh bazar.
Patna High Court CR. MISC. No.29400 of 2025(2) dt.13-05-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 13.06.2019 but the F.I.R. was lodged on 25.06.2019 and there is no explanation for this delay. It is further submitted that there is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.08.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the anticipatory bail application of the petitioner was earlier rejected by a Coordinate Bench of this court vide order dated 29.11.2019 passed in Cr. Misc. No. 77727/2019. It is mentioned that the statement of the victim recorded u/s 164 Cr.P.C., has stated that she was kidnapped by the accused persons and was taken to New Delhi against her will.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.29400 of 2025(2) dt.13-05-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with S. Tr. No. 582/2024 arising out of Dawath P.S. Case No. 105 of 2019 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T