Md. Safik Ansari And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49233 of 2015 Arising Out of PS.Case No. -1904 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================
1. Md. Safik Ansari Son of Late Ajmullah Ansari,
2. Sitara Khatoon, wife of Md. Safik Ansari,
3. Amana Khatoon, wife of Late Ajmullah Ansari, All three are resident of village - Anjani, P.s. - Parsa, District - Saran at Chapra.
4. Sairun Khatoon, Wife of Md. Jakir Ansari,
5. Jakir Ansari, son of Late Saukat Ali, Both are resident of village - Murthan, P.S. - Sonepur, District - Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Sagir Ansari, Son of Late Ajmullah Ansari, resident of village - Anjani, P.S. - Parsa, District - Saran at Chapra. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-11-2015 Heard both sides.
Five petitioners named herein have been cited as accuseds in complaint case no. 1904 of 2014 registered under Sections 341,323, 379 and 313/34 of the IPC.
According to the complainant, the occurrence had taken place on 12.4. 2014 whereas the complaint was lodged on 30.6.2014 alleging therein that on the date of occurrence the accused persons came to the 'darwaaja' of the complainant and started abusing . On the orders of Amana Khatoon all the
Patna High Court Cr.Misc. No.49233 of 2015 (2) dt.06-11-2015 2/3 petitioners assaulted the complainant with fists and slaps. It is further alleged that when the wife of the complainant came to rescue him the petitioner nos. 2, 3 and 4 assaulted her by legs. They committed theft of bicycle.
It has been submitted on behalf of the petitioners that both parties are family members. Earlier to this a case was lodged by the petitioner no.3 against her son of having committed assault which resulted in causing injury to petitioner no.3. The present one is counter blast.
Considering the above, this Court is inclined to extend the privilege of anticipatory bail to the petitioners. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra, in connection with Complaint case no. 1904 of 2014 corresponding to U.T. No. 298 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:- (i) One of the bailors in each case shall be the own/close family member of the petitioner.
Patna High Court Cr.Misc. No.49233 of 2015 (2) dt.06-11-2015 3/3 (ii) As soon as the charges are framed the petitioners shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T