Ibran Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19521 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== 1.
Ibran Ansari Son of Hashim Ansari Resident of vill.-Chhatauna, P.S.- Piparahi, Distt.-Sheohar 2.
Hashim Ansari Son of Rakib Ansari Resident of vill.-Chhatauna, P.S.- Piparahi, Distt.-Sheohar 3.
Nasima Khatoon @ Naseema Khatoon Wife of Hashim Ansari Resident of vill.-Chhatauna, P.S.-Piparahi, Distt.-Sheohar 4.
Soniya Khatoon @ Soni Khatoon @ Janti Wife of Ibran Ansari Resident of vill.-Chhatauna, P.S.-Piparahi, Distt.-Sheohar 5.
Khoosboo @ Khushi Khatoon D/O Hashim Ansari Resident of vill.- Chhatauna, P.S.-Piparahi, Distt.-Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Jha For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the petitioner no.3, 4 and 5 are women and the informant alleges that on 02.10.2023 at about 7.00 P.M., while he was returning home,
Patna High Court CR. MISC. No.19521 of 2024(3) dt.05-09-2024 2/3 when he saw Hashim Ansari and Ibran Ansari assaulting Jahangir Ansari near the house of Hashim Ansari and when informant tried to pacify the matter, it is alleged that Hashim and Ibran started abusing him and thereafter Nasima, Soniya and Khushi came variously armed and Nasima Khatoon assaulted the informant on head causing injury by a sharp edged katta, thereafter, Soniya assaulted Abdul by Daab causing injury on head and Khushi assaulted Imamuddin causing injury on his nose and thereafter the injured were taken to S.K.M.C.H., Muzaffarpur.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is also submitted that it is not possible for the informant to recollect with such precision that who assaulted whom and where and by what weapon. It is also submitted that petitioners are persons with clean antecedent and even the injury suffered by the injured is simple in nature, which amply demonstrates that even the allegations are presumed to be true without admitting then petitioners never had any intention of committing a serious occurrence. It is next submitted that even the side of the petitioners were assaulted by the side of the informant.
Patna High Court CR. MISC. No.19521 of 2024(3) dt.05-09-2024 3/3
5. Learned A.P.P. opposes the prayer for anticipatory bail of the petitioners but then fairly submits after perusing the case diary that the injuries suffered by the injured are simple in nature.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, 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.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Piprahi P.S. Case No.229/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. The learned counsel for the petitioners at this stage seeks permission to rectify the description of the petitioner no.3 in the anticipatory bail application during course of day.
8. Permission is accorded.
(Satyavrat Verma, J) amit/- U T