Israil Ansari @ Md. Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29567 of 2022 Arising Out of PS. Case No.-86 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

ISRAIL ANSARI @ MD. ISRAIL SON OF LATE MD. YUSUF R/OVILL- SAHARGHAT, P.S.- SAHARGHAT, DIST.- MADHUBANI 2.

SAFIDA KHATOON WIFE OF ISRAIL ANSARI @ MD. ISRAIL R/OVILL- SAHARGHAT, P.S.- SAHARGHAT, DIST.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1.

Permission is accorded.

The petitioner no.2 apprehends her arrest in a case registered for the offences punishable under Sections 376, 420, 313 and 34 of the Indian Penal Code read with Sections 4/6 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is a senior citizen having clean antecedent and is mother of Wahab Ansari who had relation with the informant

Patna High Court CR. MISC. No.29567 of 2022(2) dt.26-07-2022 2/2 and it is alleged that they entered into physical relationship and thereafter Wahab Ansari retracted from marrying her. Learned counsel for the petitioner submits that the petitioner came to be implicated merely because she is mother of Wahab Ansari and from perusal of the allegation as alleged in the F.I.R. it would manifest that even the allegation against the petitioner is ornamental in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a senior citizen having clean antecedent, the petitioner no.2, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhubani Mahila P.S. Case No. 86 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T