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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22574 of 2018 Arising Out of PS. Case No.-262 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== Saddam Ansari @ Md. Saddam Ansari S/o Md. Jainul @ Md. Jainul Abeddin, R/o Vill.- Bankawa, P.O.- Rasauli, P.S.- Panapur, District- Sarat at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 366 of the I.P.C. Later on Section 498 I.P.C. has been added.

Allegation is that the petitioner abducted the victim after providing some adulterous articles.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.11.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case was instituted for offence under Sections 363 and 366 I.P.C. Subsequently later on Section 498 I.P.C. was added. From the

Patna High Court Cr.Misc. No.22574 of 2018(2) dt.18-04-2018 2/2 F.I.R. itself, it is evident that the victim had eloped with the petitioner and the informant for the first time had met with the victim at the Police Station. In the case diary it is indicated that the informant for the first time had met with the victim at the Railway Station. There is no consistency in the prosecution case. From the Annexure 2 series to the present application, it is evident that the victim and the petitioner have got married later on. When the victim got into the custody of her parents, she retracted from her earlier stand and made allegation against the petitioner in her subsequent statement.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. IInd, Jhanjharpur, Madhubani in connection with Phulparas P.S. case No.262 of 2017.

(Sudhir Singh, J) Narendra/- U T