Idrish Ansari @ Idirish Ansari And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51216 of 2017 Arising Out of PS.Case No. -329 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. IDRISH ANSARI @ IDIRISH ANSARI, S/o Mahamaddin Mian @ Mahamaddin Ansari @ Mohamadin Mian.
2. Salmun Nesha @ Salma Nesha @ Salmu Nesha, W/o Idrish Ansari,
3. Amamun Nesha @ Anamul Nesha, W/o Mustafa Ansari. All resident of Village- Bahuarawa, P.S.- Sanichari, District- West Champaran.
4. Saukat Ali @ Saukat Ansari, S/o Rahmatullah Mian, Resident of Village- Gadhiyani, P.S.- Bettiah Mufassil, District- West Champaran. .... .... Petitioners
Versus
1. The State of Bihar.
2. Tarana Khatoon, W/o Murtuja Ansari, D/o Habib Ansari, resident of Village- Bahuarawa, P.S.- Sanichari, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Sanjeev Kumar, Advocate. For the State : Mr. Matloob Rab, A.P.P. For the O.P. No. 2 : Mr. Bimlesh Kumar Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 341, 323, 308 and 315/34 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the
Patna High Court Cr.Misc. No.51216 of 2017 (2) dt.09-11-2017 2/2 petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioners are named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bettiah, West Champaran, in connection with Yogapatti (Sanichari) P.S. Case No. 329/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T