Sharafe Alam @ Sharafe Alam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65816 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- SATHI District- West Champaran ====================================================== Sharafe Alam @ Sharafe Alam Ansari Son of Hasanain Ansari Resident of village - Sirisiya Belwa, ward no. 04, P.S. - Sathi, District - West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jamila Khatun Wife of Azad Ansari village- Sirisiya, Ps- Sathi, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navnit Kumar, Adv.
For the Opposite Party/s :
Mr. Ravindra Kumar, APP.
For the Informant : Mr. Umesh Chandra Verma, Adv. Mr. Hemant Ray, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 452, 354B, 504 and 506/34 of the Indian Penal Code and Sections 4 and 6 of POCSO Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 13-5-2024, the petitioner was acting inappropriately with her minor daughter aged about 10 years, on which her daughter raised an alarm, hence she came at the place
Patna High Court CR. MISC. No.65816 of 2024(4) dt.20-12-2024 2/3 of occurrence and objected the inappropriate behaviour of the petitioner, on which petitioner started assaulting her and disrobed her, hence she went inside her house, but petitioner along with Hasanain Ansari came inside her house and started dragging her and even assaulted her daughter and son, who came to save her, on alarm, villagers gathered, when accused persons left threatening.
4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant along with his father Hasanain Ansari. It is next submitted that Hasanain Ansari had moved this court seeking anticipatory bail by filing Cr. Misc. No. 64449/2024 and the same was allowed by an order dated 17.10.2024. It is further submitted that in the instant case also, the police after investigation submitted charge sheet No.211/2024 dated 04.10.2024 against the petitioner under sections 341, 323, 354, 504, 506 and 34 of the Indian Penal Code. It is thus submitted that the case was not found true under the POCSO Act. It is next submitted that on account of dispute relating to land, false case came to be instituted.
5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.65816 of 2024(4) dt.20-12-2024 3/3
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sathi P.S. Case No. 122 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T