Imamul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52694 of 2022 Arising Out of PS. Case No.-373 Year-2022 Thana- BARH District- Patna ====================================================== Imamul Ansari Son Of Attaur Rahman Resident Of Village - Pali Khurd, Ward No.- 3, Karhniya, Paschim, P.S.- Raj Nagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanendra Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is permitted to make necessary corrections in this petition.

The petitioner has filed the instant application for grant of regular bail in connection with Barh P.S. Case No. 373 of 2022 registered under sections 366(A) and 376(3) of the Indian Penal Code, Section 6 of the POCSO Act and Sections 9, 10, 11 of the Child Marriage Prohibition Act.

Prosecution case relates to abduction of the niece of the informant, when she did not return one day, on search he came to know that she was with the petitioner at Rajnagar, Madhubani. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. It is further submitted

Patna High Court CR. MISC. No.52694 of 2022(2) dt.14-02-2023 2/2 that the statement of victim was recorded under Section 164 of Cr.P.C., in which she did not whisper any complicity of the petitioner in this case. She further stated that she went away from her house by train with her own sweet will and met with this petitioner in Rajnagar, Madhubani. Thereafter, she solemnized marriage with this petitioner in Mosque. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 26.06.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barh P.S. Case No. 373 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 the learned Special Court, POCSO, Patna.

(Sunil Kumar Panwar, J) shubham/- U T