Md. Abdul Hasan Ansari @ Abdul Hasan Ansari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37082 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -HASPURA District- AURANGABAD ======================================================

1. MD. ABDUL HASAN ANSARI @ ABDUL HASAN ANSARI

2. Md. Ali Husain Ansari @ Ali Hussain Ansari Both sons of late Gulam Ali Ansari resident of village - Tetarahi, Police Station - Haspura, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Haspura P.S. Case No. 105 of 2016, disclosing offences under Sections 447,341,323,307,504/34 of the Indian Penal Code.

From the First Information Report, it is evident that the informant, Noor Hasan Ansari and these petitioners are full brothers. There was dispute between them as the wives of the informant and petitioner No.2 were contesting Panchayat election. There is allegation of assault made in the First Information Report but the allegations definitely do not constitute offence under Section 307 of the Indian Penal

Code, as contended by the learned counsel for the petitioners. It has also been submitted that Haspura P.S. Case No. 106 of 2016 has been registered at the instance of the wife of petitioner No.1, which the informant is an accused.

Considering the nature of dispute between the parties and the accusation against these petitioners, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below 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 learned Sub Divisional Judicial Magistrate, Daudnagar In Haspura P.S. Case No. 105 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U