Sonu Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63535 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- BARHARIA District- Siwan ====================================================== SONU ANSARI Son of Samsuddin Ansari @ Samsudin Miyan @ Md. Sasuddin Miyan Resident of Village- Lakdi Dargah, P.S.- Barhariya, DistrictSiwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Shrivastava For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 366(A)/34 of the Indian Penal Code registered in connection with Barhariya P.S. Case No. 86 of 2019.
3. It is submitted that the petitioner has been falsely implicated as evident from the statement of the so-called victim girl recorded under Section 164 Cr.P.C. wherein she has categorically stated that she had voluntarily accompanied co-accused Samsad Ansari @ Shamshad Ahmad and solemnised marriage with him and she has not made any allegation against the petitioner in her statement. The victim girl herself has admitted her age to be of 19 years. It is therefore, submitted that the ingredients of Section 366A of IPC are not satisfied. Co-accused Samsad Ansari @ Shamshad Ahmad and Ahsan Ali @ Monu Miya have been granted anticipatory bail by this Court in Cr. Misc. No. 47291 of 2019.The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.63535 of 2019(2) dt.22-10-2019 2/2 with two sureties of like amount each to the satisfaction of learned CJM, Siwan, in connection with Barhariya P.S. Case No. 86 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T