Abbu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3288 of 2023 Arising Out of PS. Case No.-19 Year-2021 Thana- BAUNSI District- Banka ====================================================== ABBU ANSARI S/o Md. Mokim Ansari R/o Village- Nawadih, P.S.- Saraiyahat, Distt- Dumka(Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Special Case No. 18 of 2021 arising out of Bounsi P.S. Case No. 19 of 2021 dated 22.01.2021 registered for the offences punishable u/s 341, 323, 376, 504, 506 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

As per the prosecution case, the petitioner along with other accused persons is alleged to have kidnapped the minor

Patna High Court CR. MISC. No.3288 of 2023(2) dt.27-04-2023 2/3 daughter of the informant for the purpose of marriage. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner has further submitted that in her deposition, the victim has not taken the name of the petitioner. Learned counsel has further submitted that the victim was not forced to have illicit relationship with another person. Learned counsel has further submitted that similarly situated co-accused persons have already been granted bail by the coordinate bench vide order dated 11.01.2023 passed in Cr. Misc. No. 1153 of 2023. The petitioner has got no criminal antecedent as stated in para-3 of the bail application. The petitioner is in judicial custody since 19.03.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Banka in connection with Special Case No. 18 of 2021 arising out of Baunsi P.S. Case No. 19 of 2021.

Patna High Court CR. MISC. No.3288 of 2023(2) dt.27-04-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T