Aslam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55297 of 2022 Arising Out of PS. Case No.-712 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== ASLAM ANSARI S/o Kanjan Ansari @ Kabaljan Ansari R/o VillageMajhariya, Shekh, P.S.- Majhaulia, Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-04-2023 Heard the learned counsel for the petitioner as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Majhaulia P.S. Case No. 712 of 2021, registered for offence punishable under sections 366A/363 of the Indian Penal Code and section 8 of the POCSO Act.

At the very outset, the learned counsel for the petitioner has submitted that there is allegation on the petitioner of kidnapping of a minor daughter of the informant, but in her statement under Section 164 of the Code of Criminal Procedure (hereinafter referred to as the Code), her age has been assessed as 20 years by the learned Magistrate and the alleged victim has

Patna High Court CR. MISC. No.55297 of 2022(4) dt.18-04-2023 2/3 stated in her statement under Section 164 of the Code that she has solemnized marriage with the petitioner and she wants to reside with him.

On the other hand, Mr. Shailendra Kumar, the learned APP though has opposed the prayer for bail, but fairly conceded that in her statement under Section 164 of the Code, the alleged victim has stated that she has solemnized marriage with the petitioner.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge-POCSO, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 712 of 2021, subject to the following conditions:-

(1) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(2) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for

Patna High Court CR. MISC. No.55297 of 2022(4) dt.18-04-2023 3/3 cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T