Niyazul Ansari @ Neyazul Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55166 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.
Niyazul Ansari @ Neyazul Ansari SON OF SHAFIQ ANSARI Resident of village Narkatiya p.s.- Hathauri Distt.- Muzaffarpur 2.
MD. ZABBAR ANSARI @ JABBAR ANSARI SON OF THAGA ANSARI Resident of village Narkatiya p.s.- Hathauri Distt.- Muzaffarpur 3.
ZABIR ANSARI SON OF ZABBAR ANSARI Resident of village Narkatiya p.s.- Hathauri Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sameer Darshan, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, while minor daughter of the informant had gone to attend the call of nature, these petitioners with the help of other F.I.R. named accused persons, kidnapped her.
4. Learned counsel for the petitioners submits that petitioners and informant are co-villagers and next door neighbours and due to previous enmity, these petitioners have falsely been implicated in this case. During investigation, the
Patna High Court CR. MISC. No.55166 of 2024(4) dt.10-01-2025 2/2 victim in her statement, recorded under Section 164 Cr.P.C., has not alleged any wrong or made any sexual advance even though she was in their captivity for several days against these petitioners. It is further submitted that two similarly situated coaccused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 29.02.2024 passed in Cr. Misc. No. 72890 of 2023. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the statement of the victim recorded under Section 164 Cr.P.C., this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, (East Muzaffarpur) in connection with Hathauri P. S. Case No. 159 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T