Irfan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58476 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== IRFAN ANSARI S/o Ali Asafar @ Akbar Ansari R/V- Khagani Mustafabad, P.S.- Goreakothi, Distt- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Bardhan Pandey, Adv.

For the Opposite Party/s:

Mr. Syed Ehteshamuddin,APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.

Allegedly, petitioner with other co-accused tempted the informant to run away with him and get married. On relying upon the petitioner, she walked with him and when she reached Bhojpurwa, petitioner assaulted her with knife on her neck and presumed her to be dead, he threw her in the canal. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence as alleged. No such occurrence as alleged ever took place. It is further submitted that as a matter of fact, the informant pressurized

Patna High Court CR. MISC. No.58476 of 2022(2) dt.03-01-2023 2/3 the petitioner to marry with her, but the petitioner refused to marry with her because he is already a married person and that is why, the informant has been falsely implicated the petitioner in this case. According to the FIR, the petitioner is alleged to have inflicted knife blow on the neck of the informant, but as per the injury report, all the injuries are reported to be simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mohammadpur Case No. 130 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T

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