Sarfaraj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62283 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- PURNAHYA District- Sheohar ====================================================== 1.

SARFARAJ ANSARI S/o Mokhtar Ansari Resident of Village- Barahi Jagdish Tola, P.S.- Purnahiya, District- Sheohar. 2.

Talim Ansari Son of Mokhtar Ansari Resident of Village- Barahi Jagdish Tola, P.S.- Purnahiya, District- Sheohar.

3.

Mokhtar Ansari Son of Late Sabjaan Ansari Resident of Village- Barahi Jagdish Tola, P.S.- Purnahiya, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 447, 448, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. The informant alleges that he had given Rs. 20,000/- as loan to the petitioner on 15.04.2021, it is next alleged that the petitioner along with the other accused persons entered the house of the informant

Patna High Court CR. MISC. No.62283 of 2021(3) dt.25-07-2022 2/3 and assaulted her and her mother causing injury on her palm and other accused persons also assaulted them with dabiya and other sharp-edged weapon as alleged in the F.I.R.

Learned counsel for the petitioners submits that it absolutely does not stand to reason that as to why the petitioner would go to the house of the informant and assault her when it is alleged that petitioner had taken a loan of Rs. 20,000/- from the informant, it is next submitted that the informant had entered the house of the cousin sister of the petitioner and intended to commit rape on which the present occurrence took place, it is next submitted that the injuries are simple in nature. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but is not able to rebut the submission of the learned counsel for the petitioner that the injuries suffered are simple in nature.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.62283 of 2021(3) dt.25-07-2022 3/3 the case is pending/successor court in connection with Purnahiya P.S. Case No. 66 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T