Tabrej Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56722 of 2022 Arising Out of PS. Case No.-516 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== TABREJ ANSARI S/O NAJIB ANSARI @ NAJIR MIYA Resident of village- Kukra, P.S.- Shikarpur, Bettiah, District- 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. Umanath Mishra For the Informant Mr. Anant Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 366A, 376, 380/34 of the Indian Penal Code and sections 4 and 12 of the POCSO Act.

As per allegation in the FIR, on 22.6.2022 while the minor daughter of the informant was at her house, several accused persons including the petitioner entered into his house and committed wrong with his daughter. It is further alleged that they kidnapped her daughter on the same night. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.56722 of 2022(4) dt.14-03-2023 2/2 committed no offence. In Statement of 161 Cr.P.C., she has not whispered the name of the petitioner for any forceful activity rather she has disclosed that out of her own sweet will, she eloped with the petitioner. It reveals from perusal of the medical report, that doctor has not found any sign of sexual assault. As per impugned order, chargesheet has been submitted u/s 363, 366A of the IPC and Section 8 of the POCSO Act. Petitioner is languishing in judicial custody since 6.7.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional District and Sessions Judge 7th-cum-special Judge POCSO at Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 516 of 2022.

(Sunil Kumar Panwar, J) sushma/- U