Paigam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72186 of 2023 Arising Out of PS. Case No.-517 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.
Paigam Ansari Son of Safayak Mian @ Safayak Miyan R/o vill - ward no. 33, Raja Bazar, P.S. - Town, Distt. - East Champaran 2.
Tetar Khatoon W/o Paigam Ansari R/o vill - ward no. 33, Raja Bazar, P.S. - Town, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh For the Opposite Party/s :
Mrs.Asha Kumari Mr. Rakesh Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. It is submitted on behalf of petitioners that as per F.I.R. itself, specific accusation of kidnapping is against coaccused Afroj Alam. So far as these petitioners are concerned, they have been made accused in this case merely because they happen to be parents of co-accused Afroj Alam. It is further submitted that the victim, in her statement recorded under Section 164 Cr.P.C., has not alleged any wrong committed by either petitioners or co-accused Afroj Alam. Petitioners have got clean antecedent.
Patna High Court CR. MISC. No.72186 of 2023(3) dt.29-02-2024 2/2
4. However, learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petition.
5. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judge-cum-Special Judge, POCSO Act, East Champaran (Motihari) in connection with Town P.S. Case No. 517 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T