Sonallah Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.23777 of 2015 (3) dt.09-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23777 of 2015 Arising Out of PS.Case No. -320 Year- 2013 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Sonallah Ansari Son of Bhual Ansari @ Bhual Ansari, resident of village - Barwa Khurd, P.S. Kochaikat, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Bihari Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha 2(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kochaikat P.S. Case No. 320 of 2013 registered for the offences punishable under Sections 364 and 365 the Indian Penal Code. Case diary of the present was called which has since been received.

Learned counsel for the petitioner submits that there is history of litigation between the parties in which firstly, the informant's wife had lodged Kochaikat P.S. Case No. 58 of 2013, which was found to be untrue against the petitioner and final form was submitted, exonerating the petitioner, as a result whereof, he lodged Kochaikat P.S. Case No. 187 of 2013. It is further submitted that the present case has been lodged in retaliation of

Patna High Court Cr.Misc. No.23777 of 2015 (3) dt.09-10-2015 earlier case filed by the petitioner making far-fetched allegation against him. It is further submitted similarly situated co-accused, namely, Umapati Prasad against whom similar allegation has been made, has been extended the privilege of anticipatory bail passed in Cr. Misc. No. 1523 of 2015 vide order dated 15.01.2015. Considering the aforesaid submissions and also the fact the petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Kochaikat P.S. Case No. 320 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T