Md. Shamad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66087 of 2022 Arising Out of PS. Case No.-184 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== 1.

MD. SHAMAD ANSARI S/O LATE TALIM ANSARI Resident of villageHarlakhi (Bihar), P.S.- Harlakhi, District- Madhubani. 2.

RIZWANA KHATUN W/O MD. SHAMAD ANSARI Resident of villageHarlakhi (Bihar), P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 366(A), 34 of the Indian Penal Code.

The prosecution case in short is that the co-accused Shamshad Ansari kidnapped the daughter of the informant. When the informant went to Md. Shamshad's with a complaint about the said occurrence, the petitioners abused and assaulted the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.66087 of 2022(2) dt.17-01-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific allegation against the petitioners and they have been made accused in the present case only because they are the father and mother of the coaccused Shamshad Ansari. He submits that the victim girl has been recovered and she has stated in her statement that she has solemnized marriage with the co-accused Shamshad Ansari. He further submits that there is a compromise between the parties. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Harlakhi P.S. Case No.184 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T