Sabir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27504 of 2016 Arising Out of PS.Case No. -79 Year- 2015 Thana -BELSAND District- SITAMARHI ====================================================== SABIR ANSARI S/o Rafiq Ansari, Resident of Villae- Bhatauliya, Ward No. 13, Post Patahi, P.S. Belsand, District Sitamarhi. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Advocate. For the Opposite Party/s : Mr. Ambika Bhagat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Belsand P.S. Case No.79 of 2015 for the offences instituted under Sections 341, 323, 354, 504/34 of the I.P.C. and 3 (1) (x) (xi) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act.

The prosecution story, in brief, is that on 12.07.2015 at 4 P.M. when the informant was sitting at her home the petitioner along with other co-accused came to Darwaza of the informant and started abusing her in filthy language. When the informant made protest, the petitioner along with other co-accused assaulted her with fists and slaps. The petitioner is also said to have

Patna High Court Cr.Misc. No.27504 of 2016 (2) dt.13-07-2016 2/3 assaulted the informant with bamboo causing fracture injury on her left hand. The petitioner is also alleged to have assaulted the daughter of the informant causing injury on her back. It is further alleged that when the elder daughter of the informant rushed to rescue the informant, all the accused persons including the petitioner dragged her by catching her hair. One co-accused, namely, Jahid Ansari took away the box of the informant from his house and all the accused persons are said to have threatened the informant of his dire consequences. Thereafter the informant and her daughter were brought to the hospital for treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent.

He has falsely been implicated in the present case. In course of investigation, the police found the case false under Section 379 IPC and has submitted charge sheet for the offence under Section 354 and other allied Sections of the I.P.C. No offence under Section 354 of the I.P.C. is made out. As far as the offence under the provision of S.C/S.T. Act is concerned, the same is not attracted in the present case.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.27504 of 2016 (2) dt.13-07-2016 3/3 petitioner, above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Belsand P.S. Case No. 79 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri K.K.Shahi, J.M., 1st Class, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

AnilKrSinha/- (Sudhir Singh, J) U T