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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60648 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- BAUNSI District- Banka ======================================================

1. Shahjahan Ansari @ Md. Shahjahan, Son of Shekhawat Ansari.

2. Mojim Ansari @ Mojubee Rahman, Son of Shahjahan Ansari

3. Jaida Khatoon, Wife of Mojim Ansari

4. Firdosh Ansari, Son of Jafar Ansari, All resident of VillageDahua, Police Station- Bounsi, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner no. 3 and learned APP for the State.

The application in respect of petitioner nos. 1, 2 and 4 has already been dismissed as withdrawn as having become infructuous as they have been taken into custody. The petitioner no. 3 is apprehending her arrest in a case registered under Sections 147, 149, 341, 323, 448, 427, 435, 307, 379, 504, 506 of the Indian Penal Code. The prosecution case, in short, is that the accused persons entered into the house of the informant and assaulted him and other family members due to which they sustained injuries.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.60648 of 2018(4) dt.14-12-2018 2/2 the petitioner no. 3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 3. The petitioner no. 3 has falsely been implicated in the present case. The petitioner no. 3 is a lady. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner no. 3, 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 130 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T