Shamshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47283 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SHAMSHAD ANSARI S/O MUKHTAR ANSARI Resident of village- Panapur, P.S.- Mohania, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mohaniya P.S. Case No. 247 of 2022 registered for the offence under Sections 341, 323, 354(A), 354(D), 467, 420, 468, 504, 509 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 12.05.2022.

The allegation against the petitioner is to outrage the modesty of informant and also to create false/forged document related with marriage showing informant as his wife and also to make this document viral.

Patna High Court CR. MISC. No.47283 of 2022(2) dt.17-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that informant was in love affairs with petitioner and as marriage between the parties could not negotiated, where, out of frustration the present false implication was made. In support of his submission, learned counsel for the petitioner pointed out paragraph no.20 and 30 of the case diary, which is sufficient to suggest that informant was known to this petitioner and she usually visits the house of the petitioner on different occasions. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP for the State, opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as informant was known to this petitioner, suggesting love affairs, as surfaced during course of investigation coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mohaniya P.S. Case No. 247 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.47283 of 2022(2) dt.17-11-2022 3/3 learned A.C.J.M., Bhabua/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T