Kurban Ansari @ Md. Kurban Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3220 of 2015 Arising Out of PS.Case No. -751 Year- 2014 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Kurban Ansari @ Md. Kurban Ansari Son of Late Nabab Ansari

2. Md. Mujim Ansari @ Mujim Ansari son of Kurban Ansari

3. Naseem Ansari @ Md. Naseem Ansari son of Kurban Ansari All are resident of Village - Puraura Bilma Tola, P.S. Sitamarhi, District Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shankar Kumar, Adv. For the Opposite Party/s : Mr. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-05-2015 It is stated by learned counsel for the petitioners that petitioner no. 2 has been arrested during pendency of this application for anticipatory bail. This application with regard to petitioner no. 2, thus, stands dismissed having become infructuous.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

It appears that on investigation, Police submitted chargesheet under Sections 366A, 376 and 120B/34 and Sections 4, 8 and 12 of the POCSO Act as well as Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Patna High Court Cr.Misc. No.3220 of 2015 (3) dt.21-05-2015 2/2 Act against one Naseem Ansari @ Md. Naseem Ansari, whereas petitioner no. 3 is the brother of said Naseem Ansari @ Md. Naseem Ansari.

Learned counsel for the petitioners submits that these petitioners have been implicated only because they are family members of said Naseem Ansari @ Md. Naseem Ansari though there is no specific allegation against them nor anything specific has been found against them in course of investigation. In view of the submission as above, let the petitioner no. 1 Kurban Ansari @ Md. Kurban Ansari and petitioner no. 3 Naseem Ansari @ Md. Naseem Ansari, in the event of their arrest or surrender before the court below within six weeks, be released on 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi Police Station Case No. 751 of 2014, G.R. No. 3317 of 2014, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Chakradhari Sharan Singh, J.) Vats/- U T