Md Jabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.18025 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- PIPRA District- Supaul ====================================================== 1.

MD JABBAR S/O MD. SHAHID @ MD. SAHID ANSARI @ SHAHID ANSARI R/O TETRAHI, W.NO. 10, P.S. PIPRA, DISTRICT-SUPAUL. 2.

MD. ABDUL ANSARI @ MD. ABDUL S/O MD. SHAHID @ MD. SAHID ANSARI @ SHAHID ANSARI R/O TETRAHI, W.NO. 10, P.S. PIPRA, DISTRICT-SUPAUL.

3.

MD. BECHAN ANSARI @ MD. BECHAN @ BECHAN ANSARI S/O MD. KAMRUN ANSARI R/O TETRAHI, W.NO. 10, P.S. PIPRA, DISTRICT-SUPAUL.

4.

MD. JAWED ANSARI @ MD. JAWED S/O JABBAR ANSARI R/O TETRAHI, W.NO. 10, P.S. PIPRA, DISTRICT-SUPAUL. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners.

The petitioners apprehends their arrest in connection with Pipra P.S. Case No. 154 of 2020, registered for the offences punishable under Sections 341, 323, 313, 354, 379, 34 of the Indian Penal Code.

As per allegation, the accused persons after entering

Patna High Court CR. MISC. No.18025 of 2021(2) dt.20-01-2022 2/3 into the house of the informant badly assaulted her in pregnant condition. The specific allegation against petitioner Nos. 2 and 3 is that they assaulted at her abdominal region with legs and fists and caused death of her intrauterine foetus of four months. The accused persons also assaulted and outraged the modesty of informant's daughter.

Learned counsel for the petitioners has submitted that the petitioners are next door neighbours and the occurrence took place due to some dispute regarding landed property. He has also submitted that the termination of pregnancy of informant was not due to assault of the petitioners rather it was due to fall on the ground.

The specific allegation against the petitioner No. 2 Md. Abdul Ansari and petitioner No. 3, Md. Bechan Ansari is of assaulting at the abdominal region of the informant and causing the death of foetus. As such, they are not entitled for privileges of anticipatory bail Accordingly, the prayer for anticipatory bail of petitioner Nos. 2 and 3 is rejected.

So far as petitioner No. 1 Md. Jabbar and petitioner No. 4 Md. Jawed Ansari is concerned, the allegation against them are general and omnibus. As such,

Patna High Court CR. MISC. No.18025 of 2021(2) dt.20-01-2022 3/3 they are directed to be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Supaul in connection with Pipra P.S. Case No. 154 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T