Md. Hashim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1577 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== MD. HASHIM ANSARI SON OF ROZI ANSARI RESIDENT OF VILLAGE - FULKAHA, P.S. - SHYAMPUR BHATHA, DISTRICT - SHEOHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar Alias Sanidh, Advocate.

For the State :

Mr. Bishweshwar Ram, APP For the Informant : Mr. Mohit Agrawal, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 363, 366A, 120B & 376 of the Indian Penal Code and under Section 4 of the POCSO Act. Petitioner is said to have committed rape against the daughter of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to dirty

Patna High Court CR. MISC. No.1577 of 2021(2) dt.09-03-2021 2/2 village politics. The victim girl in her statement recorded under Section 164 Cr.P.C. has not named the petitioner. It is further submitted that the in the medical report no any external injury has been mentioned. The petitioner has no criminal antecedent and has been languishing in custody since 20.10.2020. Per contra, Learned counsel for the informant vehemently opposing the bail petition submitted that the final form has been submitted in this case and the learned lower Court has taken cognizance against the petitioner. It is further submitted that the petitioner is accused in one case which has not been mentioned in his bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Shyampur Bhatha P.S. Case No.161 of 2020.

The learned Court below is directed to verify the criminal antecedent of the petitioner before accepting the bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T