Patna High Court - Orders
Akalakh Ansari @ Akhlak Ansari & Ors vs The State Of Bihar on 4 October, 2017
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41180 of 2017
Arising Out of PS.Case No. -307 Year- 2012 Thana -BANIAPUR District- SARAN
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1. Akalakh Ansari @ Akhlak Ansari
2. Afsar Ansari @ Afsar Ali
Both Sons of Late Umar Farooque Ansari, R/o Village-Satua, P.S.
Baniapur, District-Saran.
3. Kaushar Ali, Son of Nuru Haque, R/o Village- Rampur Khoram, P.S. -
Marhowrah, District - Saran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh, Adv.
For the Opposite Party/s : Mr. Rajendra Prasad Nat, Adv.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 04-10-2017Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Baniapur P.S. Case No.307 of 2012, registered for the offence punishable under Section 366A/34 of the Indian Penal Code.
As per the F.I.R. one Shamim Akhtar had kidnapped the victim girl for the purposes of marriage. Allegation has been made against these petitioners that they were sitting in the vehicle.
The affidavit of the victim girl as well as Shamim Patna High Court Cr.Misc. No.41180 of 2017 (2) dt.04-10-2017 2/2 Akhtar reflects that they have entered into the marriage under the Muslim law; Nikahnama is also attached, showing that the marriage is solemnized. Further, the accused-Shamim Ahhtar, who has alleged to have kidnapped the victim girl for the purposes of marriage, has been granted bail by the Court below on 09.08.2017.
Looking to the aforesaid facts and circumstance of the case, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Chapra, in connection with Baniapur P.S. Case No.307 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Shivaji Pandey, J) pawan/-
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