Mohamddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76110 of 2024 Arising Out of PS. Case No.-358 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Mohamddin Ansari S/O Salim Ansari Resident of village- Rakaba Veriti Tola, Police Station- Bhore, Distt.- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Memul Nesa W/O Kalam Miyan R/O Ekma Birti Tola, P.S- Bhore, Distt.- Gopalganj.

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

For the Petitioner/s :

Mrs. Mili Kumari, Adv.

For the State :

Mr. Navin Kumar Pandey, APP For the Informant :

Mr. Pankaj Kumar Dubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have caught hold of the informant's minor daughter and got her laid down with bad intent and tried to outrage her modesty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.76110 of 2024(2) dt.17-01-2025 2/3 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that after investigation the police has submitted final form against the petitioner, but the Trial Court differed the final form and took cognizance against the petitioner under Sections 341, 323, 354, 504/34 of the IPC and Section 12 of the POCSO Act. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the police after investigation submitted final form against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bhore P.S. Case No. 358 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further condition

Patna High Court CR. MISC. No.76110 of 2024(2) dt.17-01-2025 3/3 that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court. (Anjani Kumar Sharan, J) anand/- U T