Shahid Mansuri And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48521 of 2015 Arising Out of PS.Case No. -250 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Shahid Mansuri
2. Babu Mansuri Both are Sons of Abdul Rahman Mansuri Resident of Azad Nagar, P.S. Town Aurangabad, District - Aurangabad .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Aurangabad P.S. Case No.250 of 2015 for the offences instituted under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code.
The prosecution story, in brief, is that the informant has three sons who are separate from each other and earning their livelihood separately. It is further alleged that the informant used to sell Agarbatti and resides with his wife and daughter namely Shabnam who is not married and his three sons avoided to cooperate in the marriage of his daughter Shabnam. It is further
Patna High Court Cr.Misc. No.48521 of 2015 (3) dt.05-02-2016 2/3 alleged that on 17.6.2015 at 7.30 p.m. when the informant came in his house after selling the Agarbatti, his three sons who are living in two separate room in the same house asked why he is adamant to sale the house. On this, his wife Salma told why he will not sale the house as you are not making help in the marriage of Shabnam and due to this quarrel his two sons Shahid Mansoori and Babu Mansoori and grant son Danish Mansoori and daughter-in-law Nuraisa Khatoon and Tamanna Khatoon in prosecution of common intention armed with lathi, danda and knife attacked on the informant and his wife and daughter Shamma Parveen and Shahid and Babu attacked on Salma by knife causing injury and with the help of villagers she was brought to Sadar hospital where she died in course of treatment.
It is submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. No specific injury has been attributed against them. General and omnibus allegation has been made.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R. and they have admittedly participated in the alleged occurrence committing the murder of the deceased.
Patna High Court Cr.Misc. No.48521 of 2015 (3) dt.05-02-2016 3/3 Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. Same is rejected. If the petitioners surrender in the court below, same shall be considered on its own merit without being prejudiced by this order.
(Sudhir Singh, J) N.H./- U T