Mianjaan Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2904 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mianjaan Ansari son of Late Nathu Mian
2. Sharfaraz Ansari
3. Saheb Ansari Both sons of Mianjaan Ansari
4. Zalekha Khatoon wife of Mianjaan Ansari
5. Lal Mohammad Mian @ Lal Mohamma Mian son of Rojiddin Mian
6. Majibur Rahman son of Mianjaan Ansari
7. Mariyam Khatoon wife of Lal Mohammad Mian
8. Hasina Khatoon wife of Bhikhari Mian All residents of Village - Sataha Takiya Tola, P.S. - Paharpur, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Gopesh Kmar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.
The petitioners apprehend their arrest in Paharpur P.S. Case No. 149 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.
The informant Khairun Nesha named all the eight accused persons and alleged that they assaulted him and other family members. Mianjann Ansari assaulted Zahida Khatoon the daughter of the informant with Tanguli on her head. There is a counter version bearing Paharpur P.S. Case No. 150 of 2014.
It is submitted that all the injuries are simple in nature except one Zahida Khatoon who was assaulted by petitioner no. 1 Mianjann Ansari.
Patna High Court Cr.Misc. No.2904 of 2015 (2) dt.21-01-2015 Having considered the facts aforesaid and the fact that there is case and counter case and against petitioners no. 2 to 8 there is omnibus and general allegation that on account of their assault simple injuries are caused, petitioners no. 2 to 8 namely Sharfarz Ansari, Saheb Ansari, Zalekha Khatoon, Lal Mohammad Mian @ Lal Mohamma Mian, Majibur Rahman, Mariyam Khatoon and Hasina Khatoon, 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, are directed to be enlarged on 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 149 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
So far as petitioner no. 1 Mianjann Ansari is concerned, he is alleged to have assaulted Zahida Khatoon daughter of informant on her head and corresponding injury was found which is opined to be grievous, I am not inclined to enlarge the petitioner no. 1 on anticipatory bail. Accordingly the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T