Yehsan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33120 of 2022 Arising Out of PS. Case No.-147 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Yehsan Ansari Son Of Asgar Mehtar Resident Of Village- Kohra, P.S.- Makhdumpur, District- Jehanabad.

2.

Juhi Khatoon Daughter Of Md. Shakil Ansari Resident Of Village- Kohra, P.S.- Makhdumpur, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366(A), 376/34 of the Indian Penal Code and section 4/17 of the POCSO Act.

As per the prosecution case, this petitioner along with other FIR named accused persons kidnapped the minor daughter of informant.

It is submitted that petitioners have been falsely implicated in this case. The victim girl in her statement has not supported the prosecution case. After investigation the police

Patna High Court CR. MISC. No.33120 of 2022(2) dt.14-11-2022 2/2 found no evidence against petitioners and submitted final form, but differing with the same cognizance has also been taken against the petitioners. Co-accused Md. Jahangir has faced trial and has been acquitted. Petitioners claim clean antecedents. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cumSpecial Court POCSO, Jehanabad in connection with Makhdumpur (Tehta OP) P.S. Case No. 147 of 2021 corresponding to Special POCSO Case No. 47 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T