Salakat Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40069 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== SALAKAT ANSARI, Son of Late Bhola Ansari Resident of Village - Jahangirpur Ansari Tola P.S. Sheyampur Bhatahan District - Sheohar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Salakat Ansari, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2021 Heard Mr. Md. Salakat Ansari, learned Counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Sheyampur Bhatahan Police Station Case No. 42 of 2020, disclosing offences under Sections 323/341/376/379 and 504 of the Indian Penal Code.

The allegation, as per the First Information Report is that the son of petitioner pretended to marry with the complainant and established sexual relationship with her and subsequently, it has been alleged that the petitioner did not allow his son to solemnize marriage with the complainant-informant. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.40069 of 2020(2) dt.09-02-2021 2/3 and he has falsely been implicated in this case merely on the basis of the fact that he happens to be the father, whose son had sexually relation with the complainant-informant. Learned counsel next submits that there is no allegation of rape against the petitioner and only allegation against him is that he did not allow his son to perform marriage with the complainant. Learned counsel next submits that the statement of the complainant was recorded under Section 164 Cr.P.C. in which she has categorically stated that now the son of the petitioner has agreed to perform marriage with the complainant and she has no further grievance.

Having regard to the submissions made by the parties and taking into consideration the nature of allegation and the fact that there is no allegation of rape against the petitioner and the fact that petitioner is in custody since 13.09.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Salakat Ansari, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Sheohar, in connection with Sheyampur Bhatahan Police Station Case No. 42 of 2020. It is made clear at the time of furnishing bail bond, all

Patna High Court CR. MISC. No.40069 of 2020(2) dt.09-02-2021 3/3 the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) sanjeev/- U