Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79438 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Saddam Hussain Son Of Mohammaddin Miyan @ Shahabuddin Miyan Resident Of Village- Manguraha, Police Station- Ramnagar, District- West Champaran 2.

Taraz Ansari @ Seraz Ansari Son Of Saukat Ansari @ Sakey Ali Resident Of Dvillage- Manguraha, Police Station- Ramnagar, Ditrict- West Champaran.

3.

Aurangzeb Ansari Son Of Abulaish Ansari Resident Of DvillageManguraha, Police Station- Ramnagar, Ditrict- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. Petitioners are said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the statement of the victim has been recorded under Section 164 of the Cr. P.C. in which she has not supported the prosection case. He submits that the police has filed the final form against the petitioners but the leanred court

Patna High Court CR. MISC. No.79438 of 2023(2) dt.14-12-2023 2/2 below has taken cognizance against them. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 10.02.2023 passed in Cr. Misc. No. 5098 of 2023. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the similarly situated co-accused has already been granted bail, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Ramnagar P.S. Case No. 66 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T