Raja Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57973 of 2023 Arising Out of PS. Case No.-274 Year-2021 Thana- EKMA District- Saran ====================================================== 1.

RAJA ANSARI SON OF MD. SATTAR ANSARI VILLAGE GANJPAR, PO AND PS- EKMA, DIST- SARAN 2.

SALAB ANSARI @ SALAUDIN ANSARI MD. SATAR ANSARI VILLAGE GANJPAR, PO AND PS- EKMA, DIST- SARAN ... ... Petitioners.

Versus

THE STATE OF BIHAR PATNA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Ekma P.S. Case No.274 of 2021 for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

3. Petitioners in association of other co-accused are said to have abducted the victim girl for the purpose of marriage.

4. The petitioners are quite innocent and have been falsely implicated in this case due to dirty village politics. It is further submitted that the victim girl was recovered by the police with co-accused, Sayub Ansari at Bangalore where petitioners were not with the victim. The allegations levelled

Patna High Court CR. MISC. No.57973 of 2023(3) dt.19-12-2023 2/2 against the petitioners is general and omnibus in nature. It is further submitted that the statement made under Section 164 Cr.P.C. by the victim girl is not consistent with the allegation made in the F.I.R. as there is not a single word stated by the victim girl regarding the allegation of kidnapping for the purpose of marriage. Petitioners are have no criminal antecedent.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case and the statement of the victim made under Section 164 Cr.P.C., I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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