Dabloo Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47814 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- KOCHAS District- Rohtas ====================================================== Dabloo Ansari S/O Moomtaj Ansari Resident Of Village- Katharia, P.S.- Kochas (Parsathua), District- Rohtas.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh- Sr. Advocate For the Opposite Party/s :

Mr. Manoj Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2022 Heard learned senior counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with POCSO Case No.43 of 2020 arising out of Kochas P. S. Case No.08 of 2020, instituted for the offences under Sections 366(A), 363, 354, 323, 504 of the Indian Penal Code and Section 8 of the POCSO Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 29.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of enticing the informant on the pretext of love and taking her to Mumbai on 19.10.2019 where the informant was caught by the G.R.P. while she was attempting to

Patna High Court CR. MISC. No.47814 of 2021(2) dt.24-01-2022 2/3 flee.

The learned senior counsel for the petitioner submits that the date of occurrence is 17.10.2019. Allegation is of taking her to Mumbai on 19.10.2019 where she was apprehended by G.R.P. and then the informant came back to her parental home and thereafter she filed a complaint case on 26.10.2019 based on which the present F.I.R. came to be instituted. The learned senior counsel submits that it absolutely does not stand to reason that in the event if the informant was kidnapped, why a case of kidnapping was not lodged by the family members of the informant and why after she came back then the victim herself lodged the present complaint based on which the present F.I.R. came to be instituted, this amply demonstrates that no case of kidnapping is made out prima facie. The learned senior counsel further submits that the case has been compromised as pleaded in Para-12 of the bail application.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 29.06.2021, he is a person with clean antecedent, chargesheet has been submitted in the case and the case has been

Patna High Court CR. MISC. No.47814 of 2021(2) dt.24-01-2022 3/3 compromised, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6, Sasaram, Rohtas in connection with POCSO Case No.43 of 2020 arising out of Kochas P. S. Case No.08 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T