Sahjad Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65218 of 2018 Arising Out of PS. Case No.-336 Year-2018 Thana- MAIRWAN District- Siwan ======================================================
1. Sahjad Ansari Son of Safait Ansari
2. Suhail Khan @ Shohail Khan Son of Mohmad Khan
3. Fardin Khan @ Shekh Fardin Son of Sekh Enzaj All 1 to 3 are Resident of Village-English, P.S. Mairwa Distt.-Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Opposite Party/s :
Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504 and 506/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Anjali Kumari to the Station House Officer of Mairwa Police Station is to the effect that on 31.08.2018, in the morning the informant is going to attend the coaching classes to Mairwa Dham when four accused persons including the petitioners came and they misbehaved with her. It is alleged that when the informant made protest co-accused
Patna High Court Cr.Misc. No.65218 of 2018(2) dt.13-12-2018 2/3 Sahjad Ansari, petitioner no. 1 and Suhail Khan, petitioner no. 2 assaulted the informant and pushed her and also threatened the informant.
It is submitted by learned counsel for the petitioners that for the occurrence of 31.08.2018, the FIR has been lodged on 01.09.2018 which reached to the learned Court below on 03.09.2018 which suggests that the FIR has been registered by antedating. It is further submitted that there is no injury report on the record. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR with specific accusation.
Considering the nature of accusation and there is no injury report on the record, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII,
Patna High Court Cr.Misc. No.65218 of 2018(2) dt.13-12-2018 3/3 Siwan in connection with Mairwa P.S. Case No. 336 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T