Tahir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61230 of 2022 Arising Out of PS. Case No.-91 Year-2020 Thana- JIRADEI District- Siwan ====================================================== Tahir Ansari S/O Saheb Jan Ansari Resident Of Village- Don, P.S.- Darauli, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Zeeradei P.S. Case No. 91 of 2020 registered under sections 366 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he abducted the daughter of the informant for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is submitted that the alleged occurrence has taken place on 03.09.2020 while the present case was lodged on 11.09.2020 after lapse of seven days, which shows the falsity of the case.

Patna High Court CR. MISC. No.61230 of 2022(3) dt.06-04-2023 2/2 The statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has not stated any complicity of the petitioner rather she stated that she solemnized marriage with this petitioner out of her own sweet will. It is further submitted that no any cogent material came against the petitioner. A statement has been made in para-3 of this petition that he has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Zeeradei P.S. Case No. 91 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Siwan.

(Sunil Kumar Panwar, J) shubham/- U T