Patna High CourtCR. MISC./73734/2022bail granted

Basaruddin Ansari v. The State Of Bihar

2023-03-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73734 of 2022 Arising Out of PS. Case No.-133 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== BASARUDDIN ANSARI S/o Nabi Hassan Ansari R/o Village- Nautanwa, P.S.- Shikarpur, Distt- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 363/366A of the Indian Penal Code.

As per the prosecution case, on 9.6.2022 at about 7 pm, 18 years old informant's daughter had gone to attend call of nature and when she did not return, he started searching her. On suspicion, he went to the house of the petitioner and enquired about his daughter. Thereafter, all the accused persons including this petitioner abused and assaulted him.

Learned counsel for the petitioner submits that the petitioner is a victim of false implication in the case only because he is brother of co-accused Salauddin Ansari against

Patna High Court CR. MISC. No.73734 of 2022(2) dt.23-03-2023 2/2 whom there is specific allegation of kidnapping of the victim. The victim in her statement u/s 164 of the Cr.P.C.s has stated that this petitioner assisted the co-accused Salauddin Ansari. There is no allegation of sexual assault against petitioner. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned 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 satisfaction of Judicial Magistrate 1st class, West Champaran, Bettiah in Gaunaha Police Station Case No. 133 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T