Patna High CourtCR. MISC./63437/2024bail granted

Khurshid Ansari @ Khurshid v. The State Of Bihar

2024-10-05Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63437 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- RASULPUR District- Saran ====================================================== Khurshid Ansari @ Khurshid Son of Jabbar Ansari Resident of Village - Mukundpur, Karnpura, P.S.- Ekma, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-10-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rasulpur P.S. Case No. 77 of 2024 dated 10.05.2024 registered for the offence(s) punishable under Section(s) 363, 366 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the allegations levelled in the FIR are totally false, in fact, the informant's daughter was having love affair with co-accused Om Prakash Ram owing to that reason, she herself left the house of her parents and when

Patna High Court CR. MISC. No.63437 of 2024(2) dt.05-10-2024 2/3 she got the information about the registration of the FIR, she herself appeared at the concerned police station and her statement has also been recorded before the Judicial Magistrate in which she has not made any allegation against this petitioner and further as per FIR, the petitioner is simply alleged to have assisted the main accused Om Prakash Ram but the said allegation is completely vague. It is further submitted that the petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the facts and circumstances of this case as well as above submissions and mainly petitioner's plea that the victim herself appeared at the police station concerned and as per the FIR, the main allegation is against co-accused Om Prakash Ram and also coupled with the fair and clean antecedent of the petitioner, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Rasulpur P.S. Case No. 77 of 2024 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like

Patna High Court CR. MISC. No.63437 of 2024(2) dt.05-10-2024 3/3 amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T