Aman Ali Siddique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5687 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- JANTA BAZAR District- Saran ====================================================== AMAN ALI SIDDIQUE S/O JAHNGIR AHMAD @ JAHAGIR AHMAD R/O SHAMBHU CHAPRA, P.S- JANTA BAZAR, DISTT.- CHAPRA, SARAN.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the parties.

2. This appeal has been filed for setting aside order dated 07.10.2023 passed in a case registered for the offence punishable under sections 363 , 366 , 366 (A) of the Indian Penal Code and sections 3(i)(r) (w) of the Scheduled Castes and Scheduled Tribes (POA) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

3. As per the prosecution case , allegation against this appellants is that they along with other co-cussed persons entered the house of the informant and forcibly kidnapped her daughter.

4. It is submitted on behalf of the appellant that he has falsely been implicated in this case. It is further submitted

Patna High Court CR. APP (SJ) No.5687 of 2023(3) dt.09-05-2024 2/2 that on intervention of the well wishers, the parties have compromised the case as the victim was known to Shahabuddin Ansari and they had eloped. It is next submitted that since the parties have compromised the case , no useful purpose would be served by sending the appellants to jail when allegation against them is general and omnibus in nature . Similarly situated coaccused persons have already granted bail by this Court vide order dated 30.04.2024 in Cr. Appeal (SJ ) 5056 of 2023 .

5. Counsel for the parties oppose the prayer for bail.

6. Considering the aforesaid facts, this appeal is allowed with respect to this petitioner only and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge SC / ST , Chapra , Saran in connection with Janta Bazar Police Station Case No. 155 of 2023 .

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