Taslim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43678 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Taslim Ansari Son of Sahadat Ansari Resident of Village- Bhandar, P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Narsingh Tanti, Adv For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bannubagicha P.S. Case No. 24 of 2024 dated 07.04.2024 registered for the offences punishable u/s 366a and 34 of the Indian Penal Code and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the co-accused person is alleged to have kidnapped the minor daughter of the informant with the assistance of the petitioner for the purpose of marriage.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.43678 of 2024(2) dt.08-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner was a driver at the time of the alleged occurrence. On bare perusal of the statement of victim under Section 164 and 161 of the Cr.P.C. the victim has not mentioned the name of the petitioner in the alleged crime. It is further submitted that there is nothing on record showing that the victim was forced to have illicit intercourse with another person. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that victim is minor.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai, in connection with Bannubagicha P.S. Case No. 24 of 2024.
Patna High Court CR. MISC. No.43678 of 2024(2) dt.08-07-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T