Rijwan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21411 of 2019 Arising Out of PS. Case No.-474 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== 1.

RIJWAN ANSARI Son of Nasruddin Ansari, Resident of Village-Tituhiya Ladiharwa (Rampur Tituhiya), P.S-Shikarpur, District-West Champaran. 2.

Mohammad Ansari Son of Nasruddin Ansari, Resident of Village-Tituhiya Ladiharwa (Rampur Tituhiya), P.S-Shikarpur, District-West Champaran. 3.

Islam Ansari Son of Late Jamadar Ansari, Resident of Village-Tituhiya Ladiharwa (Rampur Tituhiya), P.S-Shikarpur, District-West Champaran. 4.

Nurain Ansari Son of Islam Ansari, Resident of Village-Tituhiya Ladiharwa (Rampur Tituhiya), P.S-Shikarpur, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2019 Heard both sides.

The petitioners apprehend their arrest in Shikarpur P.S. case No. 474 of 2018 registered under Section 307, 354(B), 379 and other Sections of the IPC.

Juman Ansari, the informant, disclosed that some quarreling took place between children of two families at about 9 in the morning. When the informant went to enquire about the quarreling, Rizwan Ansari, petitioner No.1, Habibullah, Mohammad Ansari, petitioner No.2, Islam Ansari, petitioner No.3, Karmullah Ansari, Nurain Ansari, petitioner No.4, Sakil

Patna High Court CR. MISC. No.21411 of 2019(2) dt.05-04-2019 2/3 Ansari and Imran Ansari assaulted the informant. Rizwan Ansari assaulted the informant with Farsa on his knee and head. The informant fell down on the ground. When his wife, Zafrun Nisha, came to save Nurain Ansari caught her hair and pulled her down on the ground with intention to outrage her modesty. Mohammad Ansari assaulted the brother of informant, Jalauddin, with stick. Other accused persons assaulted Hakim Ansari.

The learned counsel for the petitioners submits that there is counter version being Shikarpur P.S. case No. 472 of 2018. The informant got one incised wound attributed to Rizwan Ansari but from perusal of injury report (Annexure-3), it would appear that injuries are superficial and simple in nature. From the side of petitioners also many persons got injuries. Taking into consideration the facts that on account of quarrellings of children of the two families members of both families entered into mutual scuffle in which both sides sustained injuries but the injuries found on the person of informant and others are simple in nature, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on

Patna High Court CR. MISC. No.21411 of 2019(2) dt.05-04-2019 3/3 bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S. case No. 474 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T