Nausad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32371 of 2021 Arising Out of PS. Case No.-11 Year-2019 Thana- RAJPUR District- Rohtas ====================================================== NAUSAD ANSARI S/o Manjur Ansari R/o village- Sakra, P.S.- Rajpur, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Rajpur P.S. Case No.11 of 2019, registered for the offences punishable under Sections 341, 323, 325, 354, 447, 379, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant by means of bamboo stick on his head causing injury to him. Najma Khatoon assaulted the informant in his mouth with a

Patna High Court CR. MISC. No.32371 of 2021(2) dt.27-01-2022 2/3 hard object. When Tajboon Khatoon, daughter of the informant, came, Manzoor Ansari assaulted her with lathi on her head causing bleeding injury. When the younger daughter, namely, Tamanna Khatoon came, Irshad Ansari assaulted her with lathi. Ladli Khatoon and Ruby Khatoon are said to have entered into the house of the informant and took away Rs.1100/- and a payal made of silver. The accused persons threatened them also. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the occurrence took place on 25.01.2019, but the FIR was lodged on 26.01.2019 and the said FIR was sent to the learned court below on 28.01.2019 after delay of two days without giving any explanation. It is submitted that neither the I.O. nor the injured brought the injury report on record.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that neither the I.O. nor the injured person brought the injury report on record, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.32371 of 2021(2) dt.27-01-2022 3/3 Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bikramganj, District Rohtas in connection with Rajpur P.S. Case No.11 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T