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Patna High CourtCR. MISC./60259/2023allowed

Kalamuddin Ansari v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60259 of 2023 Arising Out of PS. Case No.-854 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Kalamuddin Ansari S/O- Dowa Hakim Ansari Village- Bhabhata Ps- Sathi Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the State :

Mr. Dinesh Singh For the Informant :

Mr. Satyapal Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Sections 8/12 of POCSO Act.

3. As per the prosecution case, the allegation against the petitioner is that he along with other co-accused persons has kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.60259 of 2023(2) dt.13-10-2023 2/2 specific rather general and omnibus in nature. He submits that the victim girl and the petitioner have already solemnized marriage in which their wedlock she gave birth a child. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned counsel for the informant fairly submits that the victim girl is living happily in her Sasural with the petitioner and his family members.

6. Considering the facts and circumstances of the case and the submission made by learned counsel for the informant, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Shikarpur P.S. Case No. 854 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T