Md. Abdul Salam Ansari @ Abdul Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63035 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== MD. ABDUL SALAM ANSARI @ ABDUL SALAM Son of Moyem Resident of Village - Dadar, P.S.- Ishipur Barahat, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 354, 354(B) of the Indian Penal Code and Section 8 of Prevention of Child From Sexual Offence Act. Informant has alleged in his written complaint that on 08.05.2019 at about 6:00 AM morning her minor daughter Reshma Khatoon aged 15 years was going to attend her school when Abul Salam started teasing his daughter and also pulled her Dupatta and threatened that he will kill her father if she refuses to talk with him.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village rivalry and animosity and his career will be ruined

Patna High Court CR. MISC. No.63035 of 2019(4) dt.24-01-2020 2/2 if anticipatory bail is not granted to him. In view of the nature of allegation, no offence under Section 8 of POCSO Act and Section 354(B) would be made out. Allegation at best would constitute offence under Section 12 of POCSO Act and Section 354(A) of IPC. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released 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 below, in connection with Ishipur Barahat P.S. Case No. 44 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T