Sahnaj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85736 of 2019 Arising Out of PS. Case No.-58 Year-2017 Thana- MAHILA PS District- Katihar ====================================================== Sahnaj Ansari aged about 27 years ( Male), S/o Mahfuz Ansari, Resident of Sharif Ganj. Hawa Mahal, P.S.- Muffasil, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2020 Heard Mr. Raghvendra Kumar Singh, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Katihar Mahila P.S. Case No. 58 of 2017, G.R. Case No. 4078 of 2017, registered for the offence punishable under Section 354(B), 504 and 506 of the Indian Penal Code, 1860 and Section 8 of the POCSO Act.

The allegation against the petitioner as per the First Information Report is that he tried to outrage the modesty of the informant by using filthy language and forcibly keeping her on his lap.

Patna High Court CR. MISC. No.85736 of 2019(3) dt.18-03-2020 2/3 Mr. Raghvendra Kumar Singh, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute between the parties inasmuch as there is a title suit bearing Title Suit No. 168 of 2013 pending between the petitioner's father and the uncle of the informant. Learned counsel further submits that there are other cases also pending between the family members of the petitioner and the informant. Learned counsel also submits that the occurrence had allegedly taken place on 01.09.2017 but the present F.I.R. has been lodged after a lapse of about seven days on 08.09.2017 giving no explanation and the petitioner is in custody since 15.09.2019.

Having heard learned counsel for the parties and taking into consideration the fact that both the parties are relative, there is land dispute between them and there is unexplained delay in lodging the F.I.R., I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge - I Cum Special Judge, Katihar in connection with Katihar Mahila P.S.

Patna High Court CR. MISC. No.85736 of 2019(3) dt.18-03-2020 3/3 Case No. 58 of 2017 and G.R. No. 4078 of 2017. (Anil Kumar Sinha, J) praful/- U T