Sabir Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18006 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.
SABIR ANSARI SON OF IQBAL ANSARI R/O VILLAGE- MAHTIYA, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN 2.
JAHIR HUSSAIN ANSARI @ JAHIR ANSARI SON OF IQBAL ANSARI R/O VILLAGE- MAHTIYA, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN 3.
GUDDU ANSARI @ MD. SAIMUDDIN ANSARI SON OF AFJAL ANSARI @ ABJAL ANSARI R/O VILLAGE- MAHTIYA, P.S.- RAJEPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bal Govind Sharma, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023
1. Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 2, namely, Jahir Hussain Ansari @ Jahir Ansari.
2. Permission is accorded.
3. Accordingly, the prayer for anticipatory bail with respect to petitioner no. 2 is dismissed as withdrawn.
4. Heard learned counsel for the petitioner nos. 1 and 3 and learned A.P.P. for the State.
5. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 307,
Patna High Court CR. MISC. No.18006 of 2023(2) dt.26-07-2023 2/3 354, 379, 147, 148, 149, 341, 504 and 506 of the Indian Penal Code.
6. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
7. The informant alleges that she is the second wife of her husband and the first wife was pressurizing her husband to transfer the land in her favour and when her husband refused it is alleged that accused persons came and Munna Ansari assaulted her husband by farsa causing head injury and Sabir Ansari along with Guddu Ansari torn her clothes and Afroz Ansari snatched her chain and all the accused also assaulted Mumtaz Khatoon.
8. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that petitioners being relative of the first wife of the husband of the informant came to be implicated by alleging ornamental allegation that Sabir Ansari along with Guddu Ansari torn her clothes who are petitioner nos. 1 and 3. It is next submitted that apart from the said allegation there is no specific allegation of committing any overt act against the petitioners.
9. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.18006 of 2023(2) dt.26-07-2023 3/3 anticipatory bail of the petitioners.
10. Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1 and 3 abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajepur P.S. Case No. 110 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
11. The defect no. 2 is ignored and the defect nos. 1 and 3 shall be removed in course of the day.
(Satyavrat Verma, J) Kundan/- U T