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Patna High CourtCR. MISC./82109/2024bail granted

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

2025-04-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82109 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- SANOKHAR District- Bhagalpur ====================================================== Md. Arif Ansari @ Arif Ansari Son of Late Nafil Ansari Resident Of VillageSohayal, P.s. Sanokhar, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, App.

For the O.P. No. 2 :

Mr. Kumar Sameer, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sanokhar Police Station Case No. 109 of 2024, disclosing offences under Sections 363, 366, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, the son of the petitioner has allegedly kidnapped the minor daughter of the informant and when the informant made a complaint, she was abused and threatened by the petitioner of dire consequences.

4. Learned Counsel for the petitioner submits that the petitioner is the father of the main accused Mazhar Ansari,

Patna High Court CR. MISC. No.82109 of 2024(3) dt.19-04-2025 2/3 who eloped with the minor daughter of the informant. Petitioner has been made accused merely because he happens to be the father of the co-accused Mazhar Ansari. In her statement recorded under Section 164 of the Cr.P.C., the victim girl has not disclosed anything against the petitioner.

5. On the other hand, learned counsel for the State, referring to the case diary and statement of the victim girl recorded under Section 164 of the Cr.P.C., submits that the victim girl has disclosed her age as 17 years and the doctor has assessed the age of the victim girl between 14 to 16 years. There is allegation in the FIR that the informant's daughter was kidnapped with an intention to change her religion.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of the allegation against the petitioner and the fact that the informant's daughter was kidnapped/abducted by the petitioner's son namely Mazhar Ansari, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.82109 of 2024(3) dt.19-04-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XI, Bhagalpur, in connection with Sanokhar Police Station Case No. 109 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T