Hasanain Ansari @ Hasanain Miya @ Hasnyn Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64449 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- SATHI District- West Champaran ====================================================== Hasanain Ansari @ Hasanain Miya @ Hasnyn Miya Son of Late Aliyafi Miya @ Late Ali Ansari @ Late Hasanain Miya Village- Sirisiya Belwa W.No-4, Ps- Sathi Dist- W. Camparan ... ... Petitioner/s

Versus

1. The State of Bihar

2. Jamila Khatun, female, wife of Azad Ansari, R/O village- Sirisiya, P.S.- Sathi, Dist- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navnit Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma Mr. Sharad Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024 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 senior citizen, aged about 62 years and is a person with clean antecedent and the informant alleges that on 13-5-2024 Sarfe Alam Ansari was acting inappropriately with her minor daughter aged about 10 years, on which her daughter

Patna High Court CR. MISC. No.64449 of 2024(2) dt.17-10-2024 2/3 raised an alarm, hence she came at the place of occurrence and objected the inappropriate behaviour of Sharfe Alam, on which Sarfe Alam started assaulting her and disrobed her, hence she went inside her house, but Sarfe Alam and the petitioner 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 by the informant being the father of Sarfe Alam Ansari. It is next submitted that even presuming what has been alleged is true without admitting, then no allegation is alleged against this petitioner of behaving inappropriately with the minor daughter of the informant. It is next submitted that date of occurrence is 13-5-2024 and a complaint case came to be instituted on 20-52024 and thereafter the instant F.I.R was instituted on 21-62024. It is also submitted that petitioner has been implicated in the instant case in order to coerce Sarfe Alam into submission. It is next submitted that a person who has remained a person with clean antecedent all throughout his life has been implicated in the instant case with an allegation that he entered the house of the informant and acted inappropriately with her, which does not

Patna High Court CR. MISC. No.64449 of 2024(2) dt.17-10-2024 3/3 inspire confidence.

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.

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) SUMIT/- U T