Dablu Ansari @ Md. Sahabudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66052 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== Dablu Ansari @ Md. Sahabudin Son Of Hasmudin Ansari @ Hasmuddin Miyan Resident Of Village-Dihi, Dhabelwa, Ps-Yogipatti, District-West Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 363 and 366(A) of the Indian Penal Code and section 4 of the POCSO Act.

As per the allegation in the FIR, the petitioner is said to have taken away the informant's daughter with intention of marriage.

It is submitted by learned counsel for the petitioner that the allegations as made in the FIR are incorrect in as much as on return the statement of the daughter of the informant was recorded under section 164 Cr.P.C wherein she has categorically

Patna High Court CR. MISC. No.66052 of 2019(3) dt.26-11-2019 2/2 stated that the petitioner had not induced her to go with him and she had gone out of her own sweet will. .

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case specially the statement of the daughter of the informant under section 164 Cr.P.C, the Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Yogipatti P.S. Case No. 64 of 2019 is directed to be enlarged on bail 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 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST, POCSO Act, Bettiah, West Champaran subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U