Ali Mullah Ansari @ Mullah Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70991 of 2018 Arising Out of PS. Case No.-330 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ======================================================

1. Ali Mullah Ansari @ Mullah Ansari S/o Late Isha Ansari.

2. Kurban Ansari S/o Ali Mullah Ansari @ Mullah Ansari, Both Resident of Vill/Mohalla-Shisho, P.S.-Sadar Mabbi O.P. Dist.-Darbhanga. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Sadar [Mabbi o.p.) P.S. Case No. 330 of 2018 for the offences punishable under Sections 341/323/ 307/ 379/ 504/ 506/34 of the Indian Penal Code.

The allegation in the present case with regard to the accused persons i.e. the petitioners herein, who are father and son, being armed with lathi and farsa had entered into the house of the informant and after snatching the minor daughter of the informant aged about 3 years from the custody of the sister-inlaw of the informant had thrown her on the ground and thereafter the son of the petitioner no.1 had inflicted a blow with

Patna High Court Cr.Misc. No.70991 of 2018(4) dt.22-01-2019 2/3 sharp cutting weapon on the head of the minor daughter of the informant, resulting into the injury to the child, whereafter the child is said to have been treated in the hospital. The learned counsel for the petitioners has submitted that there is no specific allegation of any overt act as far as the father i.e. the petitioner no.1 is concerned, hence he be granted the privilege of bail and as far as the petitioner no.2 is concerned i.e. the son in the present case, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no.2, namely, Kurban Ansari and renew his prayer for bail after six months from today since he is said to be the main assailant. The petitioners are stated to be having a clean antecedent and are in custody since 20.

08.2018. Having regard to the facts and circumstances of the case, the petitioner no.1, namely Ali Mullah Ansari @ Mullah Ansari is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar [Mabbi o.p.] P.S. Case No. 330 of 2018.

As far as the petitioner no.2, namely, Kurban Ansari is concerned, the present petition qua the petitioner no.2 is

Patna High Court Cr.Misc. No.70991 of 2018(4) dt.22-01-2019 3/3 dismissed as withdrawn with liberty to renew his prayer for bail after six months from today.

(Mohit Kumar Shah, J) Tiwary/- U T