Aehsan Ali @ Ahsan Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46456 of 2024 Arising Out of PS. Case No.-194 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Aehsan Ali @ Ahsan Ali Son of Samsuddin Ali R/O Vill. and P.S.- Kuchaikote, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Upadhyay, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard Mr. Dhananjay Upadhyay, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.
3. Allegedly, all the FIR named accused persons including the petitioner are said to have abducted the minor daughter of the informant with intend to change her religion.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place.
Patna High Court CR. MISC. No.46456 of 2024(2) dt.24-07-2024 2/3 He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The victim is not a minor girl rather she is aged about 20-21 years, as per the medical report. It is further submitted that matter has been compromised between the parties with the help of relatives of both sides. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail and submits that the statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she has supported the prosecution case. Hence, the petitioner does not deserve the privilege of anticipatory bail.
6. Having regard to the facts and circumstances of the case, since the victim girl is major and the matter has been compromised between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.46456 of 2024(2) dt.24-07-2024 3/3 Kuchaikote P.S. Case No. 194 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T