Ish Mohammad @ Ish Mahmad Ansari And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.252 of 2018 Arising Out of PS. Case No.-7332 Year-2015 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ======================================================

1. Ish Mohammad @ Ish Mahmad Ansari, son of Late Budhai Ansari.

2. Khabari Khansari @ Khabri, son of Ish Mohammad Ansari, Both are resident of Village- Rajapur, P.S. Kateya, DistrictGopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ganesh Prasad, son of Late Sigal Ram, resident of Village- Athi Mushhari Bazar, P.O. Mushhari Bazar, P.S. Vijayipur, District Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

SMT USHA KUMARI NO-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Complaint P.S. Case No. 7332 of 2015 registered for the offence punishable under Sections 147, 148, 323, 420 and 406 of the Indian Penal Code and sections X (1) of the SC/ST Act.

The allegation is that one Nasruddin Ansari had taken a sum of Rs. 64,000/- from the complainant on the pretext of sending the complainant abroad. However, neither the complainant was sent abroad nor the said sum of Rs. 64,000/- was returned and subsequently when the complainant went to the house of the petitioners, they are said to have rebuked the

Patna High Court Cr.Misc. No.252 of 2018(3) dt.09-02-2018 2/2 complainant.

The learned counsel for the petitioners submits that the petitioners have nothing to do with the alleged incident inasmuch as Nasruddin Ansari has taken the money and the petitioners are staying separately from the said Nasruddin Ansari, hence the submission in nutshell is that it is only Nasruddin Ansari who is responsible for the alleged incident and, therefore, the petitioners may be granted anticipatory bail. Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No. 7332 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T