Imroj Ansari @ Salim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72652 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- MATIYARIA District- West Champaran ====================================================== Imroj Ansari @ Salim Ansari Son of Musatakim Ansari @ Saral Ansari R/OVillage- Pakhaul, Police Station- Sahodra, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nagina Khatoon Wife of Jhakad Ansari Resident of Sirisiya, P.S.- Matiyariya, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Raj Ballabh Singh For the Informant :

Mr. Pankaj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Matiyariya P.S Case No. 75/2024 dated 01.07.2024 registered for the offence punishable u/s 137 and 138 of the B.N.S. and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her. The daughter of the informant also took away Rs. 40,000/-, gold jewellery worth Rs. 60,000/- and silver jewellery worth Rs. 25,000/-.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.72652 of 2024(3) dt.03-03-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that the victim is not traceless and she is living with the informant. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The victim in her statement recorded u/s 164 of the Cr.P.C. has not supported the prosecution story. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.07.2024.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Matiyariya P.S Case No. 75/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T