Lal Md. Ansari @ Lal Mohammad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62651 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== LAL MD. ANSARI @ LAL MOHAMMAD ANSARI S/o Gulshen Ansari R/o village- Jhakhra, P.S.- Jagdishpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 30.07.2019 in a case registered for the offences punishable under Sections 341, 323, 354, 379, 316, 504 and 325/34 of the Indian Penal Code.

It is alleged that on 27.01.2019 at 9.00 A.M., the petitioner along with two other accused persons entered into the house of the informant and assaulted her mother. Thereafter, the accused persons tried to took away the jewellery from the house of the informant, but it was protested by the informant, whereupon, co-accused, Jalil Ansari kicked on the abdomen of the informant, as a result her three months' pregnancy got terminated. It is also alleged that when cousin of the informant went to rescue her, he was assaulted by the

Patna High Court CR. MISC. No.62651 of 2019(3) dt.25-10-2019 2/2 petitioner.

It is submitted by learned counsel for the petitioner that the specific accusation of assaulting the informant and her mother is against not against the petitioner, rather it is against co-accused Jalil Ansari. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that there is specific accusation against the the petitioner in the FIR. Considering the fact that the informant and her mother was assaulted by co-accused, Jalil Ansari, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, WEST Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 75 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T