Md. Nasim Alam Ansari @ Nasim Alam Ansari @ Md. Nasim Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66037 of 2018 Arising Out of PS. Case No.-190 Year-2014 Thana- FORBESGANJ District- Araria ======================================================

1. Md. Nasim Alam Ansari @ Nasim Alam Ansari @ Md. Nasim Alam son of late Shamsul

2. Md. Shamim Alam @ Shamim Alam Ansari son of late Shamsul

3. Naziya Khatoon @ Naziya wife of Md. Nasim Alam Ansari

4. Md. Jaiyad Alam @ Md. Zaid son of Md. Nasim Alam Ansari, all residents of village Alam Tola Forbesganj, Police Station Forbesganj, District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioners abused and assaulted the informant, his wife and brother by iron rod, dabiya, lathi, stick, due to which they received injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.66037 of 2018(2) dt.31-10-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. case No.190 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T