Jamalu Ansari @ Jamaluddin Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43770 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -BHOREY District- GOPALGANJ ======================================================

1. Jamalu Ansari @ Jamaluddin Ansari, Son of Late Chhedi Mian,

2. Raphik Mian Son of Late Bhuli Mian,

3. Laila Khatoon W/o Alam Ansari, All are R/o Village- Deurawa, P.S.- Bhorey, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjya Kumar Chaubey For the State : Mr. Sri Sakir Ahmad For the informant : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard the learned counsel for the petitioners, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioners apprehend their arrest in Bhorey P.S. case No. 158 of 2017 under Section 307 and other Sections of the Indian Penal Code.

The informant named the petitioners along with other accused persons and alleged that while he was carrying earth for filling up land the petitioners and others came and abused the informant. When the informant forbade, Alam Ansari is said to have assaulted the informant with iron rod on his head and face. The informant got grievous injuries. Laila Khatoon, petitioner No.3, is alleged to have assaulted the informant with brick on his face and other parts of his body. When Bhrigrashan Singh, brother of informant, came he was also assaulted by the accused persons.

Patna High Court Cr.Misc. No.43770 of 2017 (2) dt.21-09-2017 2/2 The learned counsel for the petitioners submits that there is specific allegation against Alam Ansari that he assaulted the informant with iron rod on his head and face. The informant got one injury on his neck on account of facture of nasal bone and the injury is opined to be grievous in nature. There is no other injury on the body of informant. The injury found on the nasal bone of the informant is attributed to Alam Ansari. There is counter version being Bhorey P.S. case No. 173 of 2017.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Gopalganj in connection with Bhorey P.S. case No.158 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T