Patna High CourtCR. MISC./58729/2023allowed

Neyaj Khan @ Neyaj Ansari v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 58729 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== NEYAJ KHAN @ NEYAJ ANSARI Son of Sabir Ansari R/o vill - Hat Saraiya, P.s. - Bairiya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 366(A) of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. The allegation against the petitioner is that he along with other co-accused persons kidnapped the daughter of the informant with an intention to marry her.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the perusal of the anticipatory bail petition of this petitioner, it appears that the victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in

Patna High Court CR. MISC. No. 58729 of 2023(2) dt.01-09-2023 2/2 which she does not whisper about the complicity of this petitioner. There is no complaint with regard to physical assault, sexual abuse/misbehave against the petitioner to the victim girl. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has suo motu surrender before the learned Court below.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bettiah City P.S. Case No. 114 of 2023.

(Sunil Kumar Panwar, J) arish/- U