Md. Furkan Ansari @ Md. Furkan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69230 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Md. Furkan Ansari @ Md. Furkan S/O Gayas Ansari @ Md. Gyas Ansari Resident of Village- Fida Bigha, P.S.-Rafiganj, District- Aurangabad. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Praveen Khatoon W/O Anwar Hussain R/O Village- Fida Bigha, P.SRafiganj, Dist.- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rafiganj P.S. Case No. 352 of 2024 dated 25.07.2024 registered for the offences punishable under Sections 74, 75, 76, 126(2), 115(2), 351(2), 352, 3(5) of the Bhartiya Nyaya Sanhita.
3. As per the prosecution case, some persons were eating, drinking and using abusive language at the informant's neighbour doorstep. When the informant's son Saddam Hussain, asked them to leave, the accused persons Istiyak Ansari and Furkan Ansari (the petitioner) armed with a Katta threatened
Patna High Court CR. MISC. No.69230 of 2024(2) dt.07-10-2024 2/3 him and forcibly entered their house along with the co-accused , Afsar who entered from the rooftop. They assaulted the informant's sons and dragged the informant's 14-year-old daughter outside and behaved indecently. On halla, some neighbours gathered and all the accused persons fled away.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The informant and the petitioner are the gotias. There is a dispute over partition of ancestral property and hence false case has been instituted. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.07.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Exclusive Judge (POCSO),
Patna High Court CR. MISC. No.69230 of 2024(2) dt.07-10-2024 3/3 Aurangabad in connection with Rafiganj P.S. Case No. 352 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T