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Patna High CourtCR. MISC./21057/2015bail granted

Md. Sarfaroj Ansari @Sarfarajandors v. The State Of Bihar

2015-09-02Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.21057 of 2015 (3) dt.02-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21057 of 2015 Arising Out of PS.Case No. -313 Year- 2014 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Md. Sarfaroj Ansari @ Sarforaj Ansari, Son of Aahiya Ansari,

2. Md. Sakir Ansari @ Md. Sakir Son of Akbal Ansari,

3. Md. Javed Khan @ Bahar Khan, Son of Late Asgar Khan,

4. Bibi Tahira Khatoon, Wife of Late Aahiya Ansari,

5. Bibi Farana Khatoon @ Farhana Khatoon Wife of Jahangir Ansari, All are resident of village - Dijmaki, P.S. - Sultanganj, District - Bhagalpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Kumar Kamal Nayan, Advocate. For the State : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 02-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sultanganj P.S. Case No. 313 of 2014 registered under Sections 448, 341, 323, 326, 307, 504 and 34 of the Indian Penal Code.

The occurrence was dated 06.11.2014 whereas written report has been filed on 16.12.2014, on the basis of which F.I.R. lodged. The prosecution case is that informant was living in his rented house living in the house of Md. Nasim, the landlord. The accused persons came and asked the informant as to why he has

Patna High Court Cr.Misc. No.21057 of 2015 (3) dt.02-09-2015 not given expenses for maintenance of his wife. Later on, there was scuffle between the parties and accused persons sprinkled kerosene oil on the body of the informant and set on fire, on hulla mohalla people came then he was disclosed that he himself set on fire. Further case is that the informant was treated by mohalla doctor, thereafter, he was taken to Bharti Nursing Home, Sultanganj. However, no F.I.R. was lodged during this period when he was being treated and there is no explanation as to why he has not disclosed this fact during his treatment and why he was living in a rented house.

Having regard to the facts and circumstances of the case, the above named petitioners in the event of their arrest/surrender within a period of four weeks from today in the court below shall be released on bail 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, Bhagalpur, in connection with Sultanganj P.S. Case No. 313 of 2014, subject to condition as laid down under Section 438(2) of Cr.P.C. m.p.

(Gopal Prasad, J) U T