Insad Ansari @ Irshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3258 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -MAHILA P.S BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Insad Ansari @ Irshad Ansari, S/O Mohammadin Ansari, resident of Village-Gandhinagar Ward No. 18, P.S. - Bagaha, District-West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anand Kishore Choudhary, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.12.2016 in connection with Bagaha (Mahila) P.S. Case No. 48 of 2016 for the offences alleged under Sections 366(A) and 120(B) of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and no specific role has been assigned to the petitioner in the alleged offence. In her subsequent deposition under Section 164 Cr. P.C., the so-called victim girl has clearly stated that three co-accused, namely, Motilal Kushwaha, Khichdi Kushwaha and Dhurendra Kushwaha had kidnapped her. As far as the petitioner is concerned, she stated that she was in love with him and wanted to accompany him.

4. Learned APP assisted by learned counsel for the informant have opposed the bail petition.

5. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.3258 of 2017 (3) dt.20-02-2017 2/2 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, in connection with Bagaha (Mahila) P.S. Case No. 48 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T