Salauddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50241 of 2022 Arising Out of PS. Case No.-53 Year-2020 Thana- KANGLI District- West Champaran ====================================================== 1.

Salauddin Ansari Son Of Late Latif Ansari Resident Of Village - Kathiya, Mathiya Tola, P.O.- Khriya, P.S.- Kangali, Dist.- Bettiah, West Champaran. 2.

Najmun Nesha Wife Of Salauddin Ansari Resident Of Village - Kathiya, Mathiya Tola, P.O.- Khriya, P.S.- Kangali, Dist.- Bettiah, West Champaran. 3.

Junaid Ansari Son Of Salauddin Ansari Resident Of Village - Kathiya, Mathiya Tola, P.O.- Khriya, P.S.- Kangali, Dist.- Bettiah, West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366, 504, 506/34 of the Indian Penal Code.

The prosecution case in nutshell is that sister of the informant became trace less from her house. After receiving information, informant sent message to his brother-in-law(husband of victim) who inquired into the

Patna High Court CR. MISC. No.50241 of 2022(3) dt.06-02-2023 2/3 matter and found that there is involvement of petitioners in the abduction of the victim.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. The F.I.R. has been registered after an inordinate delay of more than three months. The victim in her statement, recorded under Section 164 of Cr.P.C., has not stated about the complicity of petitioners in her elopment. She left the house with her own sweet will and has solemnized marriage with one Sanjay. From perusal of the Case Diary, it appears that after completing the investigation, the police has not sent the petitioners for trial and final form has been submitted on the basis of mistake of facts. Moreover, petitioners are languishing in judicial custody since 22.06.2020. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.50241 of 2022(3) dt.06-02-2023 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Kangali P.S. Case No. 53 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) nirajkrs/- U