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Patna High CourtCR. MISC./36434/2022bail granted

Md. Mansur @ Mansur Alam @ Mansur Alam Sk. v. The State Of Bihar

2022-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36434 of 2022 Arising Out of PS. Case No.-175 Year-2020 Thana- MANSI District- Khagaria ====================================================== Md. Mansur @ Mansur Alam @ Mansur Alam Sk. Son of Md. Momin Resident of Village-Talwa, P.O.-Oskikuri, P.S.-Tamarhat, District-Dhubri, State-Assam.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mansi P.S. Case no. 175 of 2020 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code and Section 8 & 10 of the POCSO Act.

It is a case of abduction of the victim girl namely, Kajal Kumari who is daughter of the informant. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been made accused in this case. It is apparent from the impugned

Patna High Court CR. MISC. No.36434 of 2022(2) dt.29-11-2022 2/2 order that the victim namely, Kajal Kumari did not whisper the complicity of the petitioner in respect of this offence and also stated that she solemnized marriage with him. It is further submitted that matter has been compromised between the parties which is annexed as Annexure 2.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mansi P.S. Case no. 175 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge Vith- cumSpecial Judge, POCSO, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T