← Library
Patna High CourtCR. MISC./64007/2018bail granted

Ali Ashagar Ansari @ Ali Ashagar And ORS. v. The State Of Bihar

2018-12-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64007 of 2018 Arising Out of PS. Case No.-145 Year-2018 Thana- NAUTAN District- Siwan ======================================================

1. Ali Ashagar Ansari @ Ali Ashagar, Son of Shoharam Miya

2. Shoharam Miya, Son of Late Mauz Miya.

3. Sahida Khatoon, Wife of Ali Asgar Ansari.

4. Aashbun Nisha, Daughter of Sohram Miya,

5. Teni Khan @ Mazdoor Teni Khan, Son of Late Aashu Khan, All are resident of Hathauni, P.S.- Nautan, District- Siwan.

6. Allauddin Ansari @ Allauddin Miya, Son of Isha Miya,

7. Amirun Nisha, Wife of Allauddin Ansari @ Allauddin Miya,

8. Sama Khatoon, Daughter of Allauddin Ansari @ Allauddin Miya, All are residents of Village- Pakari Makariyar, Badali, P.S.- Dhanwati, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshman Lal Pandey For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Nautan P.S. Case No. 145 of 2018 dated 01.08.2018 instituted for the offences under Sections 380, 427, 506 and 34 of the Indian Penal Code.

The petitioners are alleged to have ransacked the house of the informant.

Learned counsel appearing for the petitioners has pointed out that petitioners no. 2 and 3 are the parents of the informant and petitioners no. 1, 4 and 7 are the brother and sisters of the informant whereas

Patna High Court Cr.Misc. No.64007 of 2018(2) dt.13-12-2018 2/2 petitioners no. 6 and 8 are the brother-in-law and niece of the informant. The petitioner no. 5 is a local worker at the house of petitioners no. 2 and 3.

Learned counsel for the petitioners has further stated that the informant has chosen to file a case against his blood relations only in retaliation to the fact that petitioner no. 2, in his capacity as father has gifted a property by executing a sale deed in favour of petitioner no. 1 who is the brother of the informant. Considering the relationship of the parties and the nature of accusation levelled in the FIR, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIIth, Siwan in connection with Nautan P.S. Case No. 145 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T