Shamim @ Shamim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23633 of 2019 Arising Out of PS. Case No.-114 Year-2017 Thana- GOH District- Aurangabad ====================================================== Shamim @ Shamim Ansari Son of Md. Kayam Ansari, Resident of VillageMirpur, Police Station- Goh, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Chandra Bhaskar, Advocate For the State :
Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Goh PS Case No. 114 of 2017 dated 05.09.2017 instituted under Sections 147/149/341/323/354/509/379/307/427 of the Indian Penal Code and 3/4 of the Prevention of Witch Practices Act, 1999.
3. The allegation against the petitioner and nine others as well as 8-10 unknown persons is of assault and also trying to kill the informant on the pretext of her being a witch.
4. Learned counsel for the petitioner submitted that he has not been named in the FIR and implicated only later
Patna High Court CR. MISC. No.23633 of 2019 dt.01-08-2019 2/3 on and no direct/specific overt act is attributed to him, as the allegation is only general and omnibus of assault. It was submitted that there was absolutely no reason for the petitioner to have assaulted the lady as it is alleged that the reason was that the son of co-accused Mahboob Ansari had died and another coaccused Tauhid Ansari @ Ojha had raised suspicion against the petitioner that she was a Witch. Learned counsel further submitted that the petitioner has no criminal antecedent. It was submitted that co-accused Arman Ansari; Naushad Ansari @ Naushad; Jamir Ansari @ Jamil Ansari; Mumtaz Ansari and Mahbub Ansari have been granted anticipatory bail.
5. Learned APP, from the case diary, could not controvert the fact that the petitioner besides being not named in the FIR, nothing has come against him with regard to any direct or overt act of assault on the lady.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Daudnagar, Aurangabad in Goh PS Case No. 114 of
Patna High Court CR. MISC. No.23633 of 2019 dt.01-08-2019 3/3 2017, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. One of the bailros shall be a close relative of the petitioner.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T