Patna High CourtCR. MISC./35340/2023allowed

Shamshad Ansari @ Shamshad Alam v. The State Of Bihar

2023-07-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35340 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- TANDWA District- Aurangabad ====================================================== Shamshad Ansari @ Shamshad Alam S/O Late Sagar Ansari @ Rafi Ahmad @ Md Rafi R/O Village Khajuri, P.S. Tandawa, Dist. Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Tanwada P.S. Case No. 126 of 2022 registered for the offence under Sections 341, 323, 354, 354(a), 354(b), 354(d), 509, 506 and 307 of the Indian Penal Code and Section 8/12 POCSO Act and Section 3(1)(r)(s)(w)(i), 3(2)(v-a) of the SC/ST Act. As per the prosecution case, it is alleged that the petitioner has uttered some ugly words and demanded the mobile number of one Khushbu Kumari and when she protested, the petitioner tried to kill her by throttling her neck. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35340 of 2023(2) dt.12-07-2023 2/2 petitioner is in custody since 27.03.2023 and he is quite innocent and has falsely been implicated in this case. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the allegations levelled against the petitioner, this application for regular bail is allowed. Let the petitioner, above named, be released on bail after completing six months in custody and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-cum-Special Exclusive Judge (POCSO), Aurangabad/concerned Court below in connection with Tandawa P.S. Case No. 126 of 2022.

(Sandeep Kumar, J) Shishir/- U T