Gulsher Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68429 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.
Gulsher Ansari S/o- Late Ismile Ansari Resident of Village- Lohdan, P.S. Chand, District- Kaimur at Bhabua 2.
Asun Bibi Wife of Gulsher Ansari Resident of Village- Lohdan, P.S. Chand, District- Kaimur at Bhabua 3.
Akbal Ansari Son of Gulsher Ansari Resident of Village- Lohdan, P.S. Chand, District- Kaimur at Bhabua 4.
Tabarak Ansari Son of Gulsher Ansari Resident of Village- Lohdan, P.S. Chand, District- Kaimur at Bhabua 5.
Mubarak Ansari Son of Gulsher Ansari Resident of Village- Lohdan, P.S. Chand, District- Kaimur at Bhabua 6.
Hasmuddin @ Hasbudin Ansari Son of Late Nabijan Ansari Village- Ausan Ps- Bhagwanpur Dist- Kaimur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sitara Ansari Wife of Mirtuja Ansari Village- Lohdan Ps- Chand DistKaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Pratap Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, A.P.P.
Mr. Parvej Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioners, O.P. No. 2 and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 420, 468, 471, 341 of the Indian Penal Code.
3. As per F.I.R., petitioner No. 1 transferred the
Patna High Court CR. MISC. No.68429 of 2024(3) dt.03-01-2025 2/3 ancestral land to petitioner No. 2 by virtue of registered deed of gift to which petitioner Nos. 3 to 6 are witnesses. It is further alleged that on the alleged date of occurrence, petitioner tried to erect hut over the land of O.P. No. 2 and abused and assaulted her.
4. Learned counsel for the petitioner submits that both parties are agnates and complainant has already filed a title suit No. 707 of 2023 dated 8.8.2023 for cancellation of registered gift deed against the petitioners which is pending before learned Civil Court, Kaimur at Bhabua (Annexure P-2). Moreover, the dispute involved in this case is primarily civil in nature.
5. Learned counsel for the State and O.P. No. 2 vehemently opposed the bail application.
6. Considering the nature of accusation and dispute, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Chief Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No. 198
Patna High Court CR. MISC. No.68429 of 2024(3) dt.03-01-2025 3/3 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T