Wozaib Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37002 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Wozaib Ansari son of Kamil Ansari, null
2. Kamil Ansari son of Late Sanif Ansari,
3. Jubair Ansari son of Kamil Ansari,
4. Abdul Ansari son of Kamil Ansari,
5. Uman Ansari alias Noman Ansari son of Gufran Ansari,
6. Lallu Ansari son of Asgar Ansari, All residents of Village- Hauda Dumara, P.S.- Matiyaria, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Matiyaria P.S. Case No. 16 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354,380,427,504,435 of the Indian Penal Code. It is alleged in the First Information Report that when the informant's daughter had gone in the field to ease herself, petitioner No.1 stopped her and started molesting her. When she returned back to home and narrated the story, the informant came out of his house to enquire as to
why the petitioners had done so. Allegedly, thereafter several persons named accused in the First Information Report came and started abusing and assaulting the informant and others, who came to his rescue.
Learned counsel for the petitioners has submitted that there is counter version to the same occurrence on the basis of which Matiyaria P.S. Case No. 17 of 2016 has been registered. He has submitted that false accusation has been made because of pending dispute between the parties. The injuries according to him, have beenP found to be simple except on the wrist of the informant which has been found to be grievous.
Considering the facts and circumstances and the submissions so advanced, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released 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 Sri S. D. Bharti, learned Judicial Magistrate, Ist Class, Bettiah, West Champaran in Matiyaria P.S. Case No. 16 of 2016, 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) ArunKumar/- U