Abrar Ansari @ Abashar Ansari @ Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30557 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== ABRAR ANSARI @ ABASHAR ANSARI @ KUNAL Son of late Nishar Ahmad Resident of Village - Fajilpur Mehrolla, P.s.- Rudrapur, Dist.- Udham Singh Nagar (Uttarakhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-05-2019 Heard the parties.

The petitioner seeks regular bail in connection with Raxaul P.S.Case No.52 of 2019 registered for offences punishable under Sections 366A, 376, 34 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner is of kidnapping of the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the statement of the girl recorded under Section 164 Cr.P.C. does not support the prosecution case of the kidnapping. He is in custody since 19.9.2018. The charge-sheet has already been submitted and the learned court below has assessed the age of the victim as 19 years.

Patna High Court CR. MISC. No.30557 of 2019(2) dt.23-05-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Adl. Sessions Judge cum Special Judge, Motihari, East Champaran in connection with Raxaul P.S.Case No.52 of 2019.

With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U