Md. Ali Faraz Ansari @ Alif Raja @ Alif Raja Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2939 of 2024 Arising Out of PS. Case No.-726 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Md. Ali Faraz Ansari @ Alif Raja @ Alif Raja Ansari Son of Late Salim Mian R/o Mohalla - Ghusukpura Baswariya ward no. 20, P.S. - Bettiah Town, Distt. - 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 :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 366(A), 354(D), 354(C) of the IPC, section 8 of the POCSO Act and sections 3(i)(r)(w), 3(2)(va) of the SC and ST (POA) Act. 3.

Allegation against the petitioner is that he kidnapped the minor daughter of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.2939 of 2024(2) dt.09-02-2024 2/2 general and omnibus in nature. It is further submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not supported the prosecution case and stated that she is living with the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering the statement of the victim, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty 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 Bettiah Town P.S. Case No.726 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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