Irshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52773 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Irshad Ansari Son Of Khursheed Ansari @ Md. Khurshid Alam R/O VillageBahera, Guraru Mills, P.S.- Guraru, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act. It is a case of abduction of minor daughter of the informant by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Victim has

Patna High Court CR. MISC. No.52773 of 2022(3) dt.06-02-2023 2/3 stated in her statement, recorded under Section 164 of Cr.P.C, that she with her own sweet will went away with the petitioner and she has not whispered about the complicity of petitioner in the alleged abduction. From perusal of para No. 55 of the Case Diary, it is apparent that doctor has determined the age of victim girl as 19 years or above. Moreover, petitioner is languishing in judicial custody since 12.06.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Turkauliya(Banjariya) P.S. Case No. 332 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.52773 of 2022(3) dt.06-02-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge POCSO Act, East Champaran, Motihari.

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