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Patna High CourtCR. MISC./46399/2022allowed

Abushad Ansari @ Abbushad Ansari @ Abbushah Ansari v. The State Of Bihar

2023-02-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46399 of 2022 Arising Out of PS. Case No.-406 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Abushad Ansari @ Abbushad Ansari @ Abbushah Ansari, S/O Late Serajul Ansari, Resident of village-Marchhiya, Ward No-01, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the Opposite Party :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of Majhauliya P.S. Case No.406 of 2022 registered for the offence punishable under Sections 363, 366-A/34 of the Indian Penal Code and under Section 8/12 of POCSO Act. The victim girl in her statement recorded under Section 161 of the Cr.P.C. has stated that she was having an affair with the petitioner and she fled away with him and remained in Delhi, Chandigarh and Patna and got married to petitioner under Muslim law. Further, the victim girl in her statement recorded under Section 164 of the Cr.P.C. has stated that she is not interested in study and therefore she fled away at

Patna High Court CR. MISC. No.46399 of 2022(3) dt.04-02-2023 2/2 her own free will.

The victim girl is on the verge of attaining majority and the petitioner is a young man having no criminal antecedent. Considering the aforesaid facts, this bail application is allowed.

Let the petitioner, above named, 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 the learned Additional Sessions Judge, VI-cum-Special Judge, POCSO, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No.406 of 2022.

(Sandeep Kumar, J) pawan/- U T