Nasim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78558 of 2023 Arising Out of PS. Case No.-229 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== Nasim Ansari, Son of Alhund Ansari @ Alhandu Ansari, Resident of VillageKateyan, P.S.- Ekma, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-12-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with S.Tr. No. 108/2023 arising out of Janta Bazar P.S. Case No. 229/2020 dated 30.12.2020 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code and later on, Sections 342 and 376/34 were added.
3. This is second attempt of the petitioner for the relief of regular bail after his earlier bail prayer was rejected by this Bench vide order dated 26.04.2023 passed in Cr. Misc. No. 16426 of 2022 preferred by this petitioner.
4. The fresh grounds taken by the petitioner for the relief of regular bail in his second attempt are that in the
Patna High Court CR. MISC. No.78558 of 2023(2) dt.08-12-2023 2/3 earlier rejection order, this Court had granted liberty to the petitioner to renew his bail prayer after examination of the victim in his trial or after four months if within the said period, the so-called victim is not produced and examined and in the light of the said liberty, he has come again before this Court for the relief of regular bail as despite lapse of four months period, the so-called victim has not been produced and examined by the prosecution and in this regard, copy of the relevant ordersheets of the trial court has been filed along with this petition. Further submissions are that in fact, the socalled victim has solemnized marriage and she is not ready to depose her evidence before the trial court and the petitioner has been languishing in jail since 09.07.2021 and he has fair and clean antecedent.
5. Learned APP appearing for the State has opposed the bail prayer.
6. Considering the above submissions and mainly taking into account the petitioner's custody period and his fair and clean antecedent, this Court is now inclined to accept his bail prayer. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.78558 of 2023(2) dt.08-12-2023 3/3 satisfaction of the Court concerned in connection with S.Tr. No. 108/2023 arising out of Janta Bazar P.S. Case No. 229/2020. (Shailendra Singh, J) annu/- U T