Lalu Ansari @ Lalu Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57062 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- BHITAHA District- West Champaran ====================================================== Lalu Ansari @ Lalu Mian Son Of Kamrullah Mian @ Amrullah Ansari Resident Of Village - Redaha Ghorkanja, P.O.- Chilwaniyan, P.S.- Bhitaha, District - West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and later Section 8 of POCSO Act was added.

The allegation against petitioner and other coaccused Sonu Mian is that they abducted the daughter and niece of the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.57062 of 2022(6) dt.12-04-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in F.I.R and his name sprang up in this case in course of investigation as he is full brother of named accused Sonu Mian. There is no eye witness of the alleged occurrence. According to investigation report, it appears that victim girls have not been recovered yet and they are still missing. It is further submitted that there is no consistent and material evidence and petitioner has been dragged in this case merely on the basis of suspicion. Moreover, the petitioner is languishing in judicial custody since 28.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.57062 of 2022(6) dt.12-04-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhitaha P.S. Case No. 107 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VII-cum-Special Judge (POCSO), Bettiah, West Champaran.

(Sunil Kumar Panwar, J) nirajkrs/- U T