Jamir Ansari @ Jamil Ansari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29296 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -GOH District- AURANGABAD ======================================================
1. Jamir Ansari @ Jamil Ansari, S/o Late Sumsuddin Ansari,
2. Mahfooz Ansari @ Md. Mahfooz Ansari, S/o Naim Ansari, Both are resident of village.- Mirpur, P.S.- Goh, District- Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Goh P.S. Case No. 114 of 2017, instituted for the offence under Sections 147, 149, 341, 323, 354, 509, 307, 379, 427 of the Indian Penal Code and Sections 3/4 of Witch Crafts Act.
It is alleged in the written report that there is specific allegation against co-accused Tauhid Ansari @ Ojha. He told the informant that she had committed witch craft over son of Mahboob Ansari who lives in Rajasthan and also insulted the informant.
Learned counsel for the petitioners has submitted that petitioner No.2 is not named in the First Information Report. His name has come in the confessional statement of the son of the
Patna High Court Cr.Misc. No.29296 of 2018 (3) dt.28-06-2018 2/2 informant.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Goh P.S. Case No. 114 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- Rohit Kr.
U T