SADDAM ANSARI @ MD. SADDAM ANSARI v. The State of Bihar
Case at a glance
Outcome
Bail granted
case, let the, above named, petitioner be released on bail on
Provisions considered
- Indian Penal Code, 1860 ss. 34, 363, 366A
- Protection of Children from Sexual Offences Act, 2012 s. 8
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER Mr.Uday Kumar, Adv. Mr.Anuj Kumar Shrivastava, APP 3 28-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 173 of 2022 dated 11.03.2022 registered for the offence under Sections 363, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act. The minor daughter of the informant is alleged to have been kidnapped by the petitioner. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the petitioner happens to be brother of the co-accused, Md.
Operative part
Kalam with whom the victim was having Patna High Court CR. MISC. No.66011 of 2022(3) dt.28-04-2023 love affairs and on account thereof both of them have performed marriage on 09.03.2022 to each other and since then the victim has been residing with the brother of the petitioner. Therefore, no case of abduction is made out against the petitioner. The petitioner is rotting in judicial custody since 31.03.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the, above named, 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 learned Additional Sessions Judge-6th -cum- Special Judge (POCSO Act), Sitamarhi in connection with Sitamarhi P.S. Case No. 173 of 2022 with the following conditions:- (1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or Patna High Court CR. MISC. No.66011 of 2022(3) dt.28-04-2023 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) One of the bailors shall be the victim, namely, [REDACTED] @ Rukshar. And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. brajesh/- U T (Rajesh Kumar Verma, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: case, let the, above named, petitioner be released on bail on
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 363, 366A; Protection of Children from Sexual Offences Act, 2012 — s. 8.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.