Patna High CourtCR. MISC./1153/2023bail granted

Aslam Ansari @ Md Aslam Ansari v. The State Of Bihar

2023-01-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1153 of 2023 Arising Out of PS. Case No.-19 Year-2021 Thana- BAUNSI District- Banka ====================================================== ASLAM ANSARI @ MD ASLAM ANSARI Son of Md. Rajjak Ansari @ Rajjak Ansari Resident of Village- Nawadih, P.S.- Saraiyahat, DistrictDumka (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 376, 504, 506 and 34 of the Indian Penal Code and Section 4 of the POCSO Act. This is the second attempt of the petitioner to seek bail, as earlier, by order dated 24.05.2022 in Cr. Misc. No. 1358 of 2022, his regular bail application was permitted to be withdrawn.

Learned counsel for the petitioner submits that the trial has started and the victim's statement was recorded and the victim in her examination-in-chief has not supported the case of the prosecution.

Patna High Court CR. MISC. No.1153 of 2023(2) dt.11-01-2023 2/2 Learned counsel for the petitioner submits that, in the event, if bail is granted to the petitioner, the petitioner will not abscond and will cooperate in the trial.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees 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 Baunsi P.S. Case No. 19 of 2021.

(Satyavrat Verma, J) HarshPandey/- U T