Naseem Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20839 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -MAHILA P.S. District- SITAMARHI ====================================================== Naseem Ansari, Son of Kashim Ansari, Resident of Village- Bhairo Kothi, P.S. Sitamarhi, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sitamarhi Mahila P.S. Case No. 39 of 2016 instituted for the offence under Sections 4 and 6 of POCSO Act.

As per written report, the petitioner has kidnapped the minor daughter of the informant and committed rape with her. It has been submitted on behalf of the petitioner that a compromise took place between the parties and the same has been filed in the court below. It has further been submitted that the informant is ready to support the statement made in the compromise petition filed in the court below. In such circumstances, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on

Patna High Court Cr.Misc. No.20839 of 2017 (3) dt.23-06-2017 2/2 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Sitamarhi, in connection with Sitamarhi Mahila P.S. Case No. 39 of 2016, subject to the conditions that (i) at the time of filing of the bail bonds the informant will appear before the court below and file an affidavit in support of the compromise petition filed in the court below and (ii) both the bailors will be the close relatives of the petitioner. It is made clear that in the event the informant does not appear at the time of filing bail bonds in support of the factum of compromise between the parties on affidavit, the petitioner will not be enlarged on bail.

(Sanjay Priya, J) S.Ali/- U T