Md. Chunna Ansari @ Md. Chunna v. The State Of Bihar

Patna High Court Cr.Misc. No.20062 of 2017 (4) dt.03-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20062 of 2017 Arising Out of PS.Case No. -285 Year- 2014 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Md. Chunna Ansari @ Md. Chunna, Son of Late Md. Hashir, Resident of Village : Simra, P.S. Sadar (Mabbi O.P.), District : Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 285 of 2014, registered under Sections 452, 307 and 354(A)/34 of the Indian Penal Code.

The accusation is that Kamar Roja, husband of the informant, was apprehended by the police on the basis of warrant issued by the court on 29.07.2014. Thereafter, in the night, coaccused, Bablu Ansari, entered in the house of the informant and tried to commit rape with her and also unfold her sari and torn her blouse. When the informant raised alarm then other accused persons came there and tried to kill her by putting fire after

Patna High Court Cr.Misc. No.20062 of 2017 (4) dt.03-08-2017 sprinkling kerosene oil on her body. Thereafter, villagers gathered there, who assured to arrange panchayat but no panchayati was arranged.

Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act has been attributed against him. In fact, petitioner has falsely been implicated in this case due to dirty village politics. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Sadar P.S. Case No. 285 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T