Jalim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62749 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== 1.

JALIM ANSARI S/o Gulshan Ansari 2.

Rizwana Khatoon W/o Jalim Ansari both are 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 For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2019 The petitioners apprehend their arrest in connection with Nautan (Jagdishpur) P. S. Case No. 75 of 2019 registered under Sections 316, 323, 325, 341, 354, 379 and 504/34, of the Indian Penal Code.

Allegation against the petitioners is that petitioner no. 1 assaulted the informant on her lower abdomen causing miscarriage of pregnancy of three months and petitioner no. 2 and others entered into the house of the informant and assaulted the informant and her family members and also snatched away the ornaments.

Learned counsel appearing on behalf of the petitioners submits that petitioners have committed no offence in the manner alleged and both parties are relatives. He further submits

Patna High Court CR. MISC. No.62749 of 2019(3) dt.21-10-2019 2/2 that no specific allegation is there against the petitioner no. 2. Having regard to the submissions made by the parties and taking into consideration the fact that there is specific allegation of assault upon petitioner no. 1 causing miscarriage of pregnancy of the informant, accordingly, I am not inclined to grant anticipatory bail to the petitioner no. 1 and the same is rejected.

So far as petitioner no. 2 is concerned, there is no specific allegation of assault against her and she is a lady, accordingly, I am inclined to grant anticipatory bail to her. Let the petitioner no. 2, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S.Case No. 75 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T