The Patna High Court granted regular bail to the petitioner in a criminal case involving offences under Sections 363 and 366A of the Indian Penal Code, considering the case compromise, victim's marriage, and petitioner's age.
Release on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43618 of 2022
Arising Out of PS. Case No.-258 Year-2016 Thana- RIGA District- Sitamarhi
======================================================
MD. JALAUDDIN ANSARI @ MD. JALALUDDIN ANSARI Son of Late Reajul Ansari Resident of Village - Bhoraha, P.s.- Riga, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate For the State : Ms.Rita Verma, App For the informant : Mr. Sumit Jha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
10 04-04-2023
Let the defect(s), if any, pointed out by the office be
removed within three weeks from the date of this order failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State.
Petitioner seeks regular bail in connection with Riga P.S. Case No. 258 of 2016 dated 11.12.2016 registered for the offence(s) punishable under Section(s) 363, 366A of the Indian Penal Code.
As per the prosecution, the informant’s minor daughter aged about 14 years was kidnapped by this petitioner and co-accused person with malice intention.
The main submissions advanced by the learned counsel for the petitioner are that the so-called victim is 17
Patna High Court CR. MISC. No.43618 of 2022(10) dt.04-04-2023 2/2
years old and after commission of the alleged occurrence, she has married co-accused Nasir Ansari and one child has also begotten from their conjugal relationship and both the parties have compromised this case and petitioner has been chargesheeted and he has been languishing in jail since 07.01.2022 and upon the petitioner, charges have been framed.
Learned counsel appearing for the informant has accepted the said matrimonial relationship between the victim and co-accused Nasir Ansari and also accepted the said compromise.
Considering the petitioner’s young age as well as stage of his case and also the fact that charges have been framed upon him as per above submission and in the present time, he is facing trial, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Riga P.S. Case No. 258 of 2016.
(Shailendra Singh, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with the named criminal case.
Md. Jalauddin Ansari @ Md. Jalaluddin Ansari
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
