Sadrul Ansari @ Dirul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8429 of 2020 Arising Out of PS. Case No.-902 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Sadrul Ansari @ Dirul Ansari S/o Late Mansif Ansari 2.

Md. Galib Ansari S/o Sadrul Ansari @ Dirul Ansari 3.

Afzal Ansari @ Md. Afzal Ansari S/o Sadrul Ansari @ Dirul Ansari . 4.

Shamim Ansari S/o Kailu Ansari All Resident of Village-Rampur, North Ward No.2/3, P.S.-Forbesganj, District-Araria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Forbesganj P.S. Case no. 902/2019 registered under section 302/34 of the IPC.

F.I.R alleges that the petitioners have assaulted wife of the informant who was having child in her lap who sustained injury and subsequently died.

Counsel for the petitioners draws the attention of the court towards Annexure 2, the same is an agreement in relation to sale wherein the informant is seller. The agreement is just next day after institution of the FIR. About two months later,

Patna High Court CR. MISC. No.8429 of 2020(2) dt.02-03-2020 2/3 informant as per Annexure 3 is said to have filed an application before the trial court that he had been misled into lodging the FIR due to subsisting land dispute and that his child had in fact earlier suffered a natural death.

Learned A.P.P. opposes the prayer for bail.

Considering the rival submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, above named petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Forbesganj P.S. Case no. 902/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their

Patna High Court CR. MISC. No.8429 of 2020(2) dt.02-03-2020 3/3 bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T