Md. Meraj Ansari @ Meraj Ansari And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53222 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -SHYAMPUR BHATHA District- SHEOHAR ======================================================
1. Md. Meraj Ansari @ Meraj Ansari, son of Late Nirasu Ansari
2. Ghayasuddin Ansari, S/o Meraj Ansari
3. Safeed Ansari, son of Maulvi Ansari
4. Aslam Ansari, son of Safeed Ansari
5. Abid Ansari, son of Maulvi Ansari
6. Bhola Ansari, son of Late Abdul Ansari
7. Najma Khatoon, W/o Safeed Ansari
8. Naseema Khatoon, wife of Abid Ansari
9. Mehrun Khatoon, wife of Meraj Ansari
10. Sakina Khatoon, Wife of Chhabila Mian
11. Nuriya Khatoon, Wife of Jamil Akhtar All residents of Village- Nayagaon Maliya Tola, P.S. Sheyampur Bhatahan, District- Sheohar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. (Dr.) Amrendra Kumar, Adv. For the Opposite Party/s : Mr. Ram Chandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard.
The petitioners, 11 in number, apprehend their arrest in a criminal prosecution registered under Sections 302/307 and some other allied offences under the Indian Penal Code. Though, all the 11 petitioners are named in the FIR vide Annexure-1 as accused, but taking into consideration the fact that the petitioner nos.7 to 11, namely, Najma Khatoon, Naseema Khatoon, Mehrun Khatoon, Sakina Khatoon and Nuriya Khatoon are ladies and there is no specific allegation of assault against them either to the deceased or to the injured, this Court is inclined to accede to the prayer made on their behalf for grant of
Patna High Court Cr.Misc. No.53222 of 2015 (3) dt.12-01-2016 anticipatory bail. Accordingly, their prayer for grant of anticipatory bail is allowed.
In the event of their arrest or surrender in the court below within a period of four weeks from today, let the petitioner nos.7 to 11, namely, Najma Khatoon, Naseema Khatoon, Mehrun Khatoon, Sakina Khatoon and Nuriya Khatoon be enlarged on bail on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar in connection with Sheyampur Bhatahan P.S. Case No. 47 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail
Patna High Court Cr.Misc. No.53222 of 2015 (3) dt.12-01-2016 bond of the petitioners.
However, so far petitioner nos.1 to 6 are concerned, who all are male members, taking into consideration the fact that they are specifically named in the FIR and are alleged to have actively participated in the commission of crime in question, this Court is not inclined to accede to the prayer made on their behalf for grant of anticipatory bail. Accordingly, their prayer for grant of anticipatory bail in connection with Sheyampur Bhatahan P.S. Case No. 47 of 2015 pending in the court of learned C.J.M., Sheohar is hereby rejected.
However, if they surrender in the court below within a period of one month from today and apply for regular bail, then the same shall be considered and decided on its own merits without being prejudiced by the present order. (Birendra Prasad Verma, J) Arvind/- U T