Modi Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77956 of 2023 Arising Out of PS. Case No.-236 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Modi Ansari S/O Rinku Ansari R/O Village- Ishmailpur, P.S.- Buxar(M), District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 354(A), 504/34 of the Indian Penal Code, Section 3(i)(r)(s), 3(2)(va) of SC/ST Act and Sections 8, 10 of POCSO Act.

As per allegation in the FIR, petitioner along with other co-accused persons outraged the modesty of the informant's daughter. When the informant's husband

Patna High Court CR. MISC. No.77956 of 2023(2) dt.06-12-2023 2/3 went to talk about the incident, he was assaulted by the accused persons. They also assaulted the informant by means of knife, due to which she sustained head injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From perusal of injury report, it appears that injury sustained by the informant is simple in nature, as opined by the doctor. Moreover, the petitioner is languishing in judicial custody since 28.07.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Buxar Muffasil P.S. Case No. 236

Patna High Court CR. MISC. No.77956 of 2023(2) dt.06-12-2023 3/3 of 2023 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 Additional Sessions Judge VI-cum-Special Judge, POCSO Act, Buxar. (Sunil Kumar Panwar, J) Nirajkrs/- U T