NASIM ANSARI @ GURA MIAN Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-1-30
HIGH COURT OF JHARKHAND
Decided on January 16,2009

Nasim Ansari @ Gura Mian Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE petitioner has filed this application challenging the order dated 02/09/2008, passed by the Sessions Judge, Deoghar, dismissing the Criminal Revision No. 110/2008, as well as the order dated 14/08/2008, passed by the Sub -Divisional Judicial Magistrate, Madhupur at Deoghar, refusing to release the petitioner on bail by giving him the benefit of Section 167(2)(a)(ii) of the Code of Criminal Procedure. The facts, in short, are that one Taiyab Ansari lodged a first information report being Sarath (Chitra) P.S. Case No. 53/2008 against three named accused persons, i.e. the petitioner and two others namely, Phurkant Mian and Mahboob Mian. The F.I.R. was registered under Section 363 and 366A IPC, wherein it was alleged by the informant that this petitioner was his Driver and he used to reside in his house. On the alleged date of occurrence, this petitioner by enticing his minor daughter took her away with him and both were missing. It was alleged that the petitioner eloped with his minor daughter for illegal purposes of marriage and rape. So far as against the two other accused persons, who were named in the FIR, it was alleged that they conspired with the main accused, i.e. the petitioner in fleeing away with the minor daughter of the informant.
(3.) THE police took up investigation and the petitioner was arrested and was remanded to custody on 03/06/2008.;


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