Sahnawaj Ansari @ Sahnawaj Ansari Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34366 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sahnawaj Ansari @ Sahnawaj Ansari Miya S/O Ajeem Miya, Resident Of Village- Majhaulia, P.S.- Majhauliya In The District Of West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-11-2022 As per office notes, it has indicated that statement under section 164 of Cr.P.C. not received.

Learned counsel for the State submits that in the case diary, statement under section 164 of Cr.P.C. is there. Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 08 of 2022 lodged under Section 366(A) of the Indian Penal Code.

As per prosecution case, F.I.R. has been lodged against unknown persons. Suspicion has been raised by the informant that her daughter may be kidnapped with a view to

Patna High Court CR. MISC. No.34366 of 2022(3) dt.02-11-2022 2/3 marry by some unknown persons.

Learned counsel for the petitioner submits that petitioner is the co-villager of the alleged victim and both are well known to each other. Counsel for the petitioner further submits that his name has not been disclosed in the F.I.R.. He also submits that upon recovery, the statement of alleged victim has recorded under section 164 of Cr.P.C. but did not disclose the name of the petitioner. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 22.01.2022. He further submits that charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail but fairly submits that in 164 statement, the alleged victim has not disclosed the name of any one.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 08 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

Patna High Court CR. MISC. No.34366 of 2022(3) dt.02-11-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T