Hameed Ansari And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40503 of 2016 Arising Out of PS.Case No. -3209 Year- 2015 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Hameed Ansari,

2. Jamil Ansari @ Jameed. Both are sons of Late Ful Mohamad Ansari, resident of Village- Bal Bangra Beldari Tola, P.S.- Daraunda, DistrictSiwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Afasana Khatun, Daughter of Mohram Ansari, Resident of Village- Bal Bangra Beldar Tola, Police Station- Daraunda, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sri Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Complaint Case No. 3209 of 2015, disclosing offences under Sections 376 and 511 of the Indian Penal Code. The allegation against the petitioners is of an attempt to commit rape on the complainant.

Learned counsel for the petitioners has submitted that delay of eight days in lodging of the complaint case creates doubt over the veracity of the allegation made in the complaint petition. It has also been submitted that because of some dispute of civil

Patna High Court Cr.Misc. No.40503 of 2016 (2) dt.22-09-2016 2/2 nature, the petitioners, who are full brothers, have been implicated. Considering the submissions as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-8th, Siwan in connection with Complaint Case No. 3209 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T