Azim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50617 of 2016 Arising Out of PS.Case No. -117 Year- 2001 Thana -NARPATGANJ District- ARRARIA ====================================================== Azim Ansari Son of late Idris Ansari Resident of Village Basmatiya, P.S. Narpatganj (Basmatiya( Ghurna), District Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks bail in a case instituted under Sections 363, 364 and 365 of the Indian Penal Code. There is suspicion against the petitioner that he along with other accused persons has abducted the victim, while she was sleeping in her house with her nine year old nephew. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R., except for suspicion there is no other

Patna High Court Cr.Misc. No.50617 of 2016 (3) dt.16-01-2017 2/2 substantive evidence to suggest his implication in the present case. Vide Annexure-2 and vide Annexure-3 to the present application, a petition has been filed on behalf of the informant in the court below, where it has been stated that due to mistake of fact, the present case has been instituted.

On behalf of the State, it has been submitted that the petitioner has not been made accused in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Araria in connection with Narpatganj (Ghurna Basmatiya) P.S. Case No. 117 of 2001.

(Sudhir Singh, J.) Amit/- U T