Hafiz Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2440 of 2017 Arising Out of PS.Case No. -465 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Hafiz Ansari, Son of late Dilmohammad Ansari.
2. Hasina Khatoon, W/o Hafiz Ansari.
3. Equebal Ansari, S/o Hafiz Ansri, All are Resident of Pipra Chanki, P.S.- Sikarpur, District-West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-03-2017 Learned counsel for the petitioners submits that petitioner no. 1 has been arrested by the police, so he seeks permission to withdraw this application against him. Permission is accorded.
Accordingly, this application is dismissed as withdrawn against petitioner no. 1.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner nos. 2 and 3 apprehend their arrest in connection with Sikarpur P.S. Case No. 465 of 2016, registered under Sections 341, 323, 324 and 498(A)/34 of the Indian Penal
Code.
The accusation is of torturing of informant by her husband and in-laws due to non-fulfillment of demand of motorcycle and cash of Rs.2,00,000/- and also cause burn injury through iron rod by her mother-in-law (petitioner no. 2) and brother-in-law (petitioner no. 3) on 30.09.2016. Learned counsel for the petitioners submits that petitioner nos. 2 and 3 are mother-in-law and brother-in-law of the informant and both have falsely been implicated in this case with allegation of causing burn injury at her. Further submission is that it would appear from the F.I.R. that while the occurrence is said to be on 30.09.2016 but the F.I.R. has been lodged on 05.11.2016. Moreover, in the impugned order, the prayer for bail of the petitioners have been rejected by the learned Sessions Judge, West Champaran, Bettiah, in which, it is clearly stated that no description of the injury of the informant has been detailed in the case diary.
Having regard to the facts and circumstances of the case, let the above named petitioner nos. 2 and 3 be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two
sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Sikarpur P.S. Case No. 465 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T