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Patna High CourtCR. MISC./75721/2018bail granted

Saiful Ansari And ORS v. The State Of Bihar

2018-12-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75721 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- MAINATAND District- West Champaran ======================================================

1. Saiful Ansari, Son of Ibrahim Ansari

2. Israil Ansari @ Israil Miyan, Son of Dhodha Miyan.

3. Parful Ansari @ Farful Ansari, Son of Late Jumadin Ansari

4. Habibullah Ansari, Son of Late Jumadin Ansari. All are resident of Village- Purbi-Pakhuba, P.S. Mainatand, District-West Champaran, Bettiah.

5. Surendra Kumar @ Surendra Kumr Sah @ Surendra Sah, Son of Bhola Sah, Resident of Village-Tilangahi Bahubarwa, P.S. Purusotampur, DistrictWest Champaran, Bettiah. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2018 Heard both sides.

Petitioners apprehend their arrest in Mainatand P.S. Case No.46 of 2018, registered under Sections 341, 323, 504, 509, 354, 379 and 308 of the Indian Penal Code. The informant alleged that while she was waiting for bus, the petitioners and others made lewd comments on her and also assaulted her and Sangeeta Devi, her sister, who came to rescue her.

Learned counsel for the petitioners submits that the entire allegation is false and concocted. Prior to institution of the present case, Habibullah Ansari, petitioner no.4 lodged

Patna High Court Cr.Misc. No.75721 of 2018(2) dt.21-12-2018 2/2 Mainatand P.S. Case No.39 of 2018 making allegation against the informant and others that they eve-teased the girls of the coaching of Habibullah Ansari and in order to save her own skin, the informant filed false and concocted case. Having considered the facts that prior to institution of the present case, the petitioner no.4 lodged Mainatand P.S. Case No.39 of 2018 against the informant of the present case and others, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran in connection with Mainatand P.S. Case No.46 of 2018, subject to the conditions laid down under Section 438(2) Cr. P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T