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Patna High CourtCR. MISC./43031/2024bail granted

Neyaj Ansari @ Niyaj Ansari v. The State Of Bihar

2024-09-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43031 of 2024 Arising Out of PS. Case No.-215 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== Neyaj Ansari @ Niyaj Ansari Son of Tahir Ansari R/O Vill.- Simri, P.S.- Riga, Dist.- Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Baidhnath Rai Son of Late Chalitra Rai R/O Vill.- Simri, P.S.- Riga, Dist.- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsels for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366-A/34 of Indian Penal Code.

3. Prosecution case, in brief, is that while wife and minor daughter of informant were on their way to home, all the F.I.R. named accused persons including this petitioner assaulted them with knife and kidnapped the daughter of informant. Informant suspects that his daughter may be sold for prostitution.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.43031 of 2024(2) dt.13-09-2024 2/2 submits that victim in her statement, recorded under Section 164 of Cr.P.C., has denied the prosecution case and has categorically stated that no one had kidnapped her and this case has been lodged out of confusion. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering statement of the victim recorded under Section 164 of Cr.P.C., this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions JudgeVI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Riga P. S. Case No. 215 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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