Nabi Ansari @ Md. Nabi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55446 of 2023 Arising Out of PS. Case No.-215 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== Nabi Ansari @ Md. Nabi Son Of Yunus Sohariya Village- Sohariya PsTambaur Dist- Sitapur U.P ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 366A, 379, 34 of the Indian Penal Code and Section 4 of the POCSO Act.
3. Petitioner along with other accused persons are said to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 28.08.2020 but the FIR has been lodged on 01.09.2020 after delay of 4 days without explaining any reasonable cause of delay. He submits that the victim, in her statement recorded under Section 164 of the Cr.P.C., has not supported the prosecution case. He submits
Patna High Court CR. MISC. No.55446 of 2023(3) dt.18-12-2023 2/2 that there is specific allegation against co-accused Govind Mishra. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/successor court in connection with Dhanha P.S. Case No. 215 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T