Sajjad Ansari @ Sajjad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30037 of 2022 Arising Out of PS. Case No.-487 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== SAJJAD ANSARI @ SAJJAD ALAM S/o Hasmuddin Ansari R/o villageDhokraha, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 366A, 354B of the Indian Penal Code and section 8 of the POCSO Act. As per prosecution story at the time of alleged occurrence so-called victim was alone at her house and taking advantage of loneliness, petitioner and other co-accused person reached at the victim's house and took her away on a motorcycle with an intention to marry the victim with the petitioner and on the way villagers chased them and caught the victim and the petitioner.

Patna High Court CR. MISC. No.30037 of 2022(2) dt.23-08-2022 2/3 The main submissions advanced by Sri Bimlesh Kumar Pandey, the learned counsel appearing for the petitioner are that FIR itself goes to show that there is love affair between the petitioner and so-called victim and at the time of alleged occurrence, victim was major girl and the petitioner has been languishing in jail since 23.12.2021 and investigation has been completed against the petitioner and after institution of the present case, good sense has prevailed in between the parties and compromise petition has also been filed vide annexure 3. Alleged offences under sections 366 and 366A IPC are not made out and petitioner has clean antecedent as per submission. Sri Sanjay Kumar Tiwary, learned APP appearing for the State has opposed the prayer for bail.

In view of above submissions and considering the fact that so-called victim has been recovered and FIR goes to show that at the time of occurrence, victim was major girl, any resistance on the part of the victim was not found when she was found along with this petitioner and moreover, good sense has prevailed in between the parties, investigation has been completed in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30037 of 2022(2) dt.23-08-2022 3/3 satisfaction of the Addl. Sessions Judge VI-cum- Special Judge POCSO, Bettiah, West Champaran in Nautan (Jagdishpur) P.S Case No. 487 of 2021.

(Shailendra Singh, J) s.hassan/- U T