Rozid Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52033 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN (MOTIHARI) ======================================================
1. Rozid Ansari, S/o Alimuddin Ansari,
2. Samir Ansari, S/o late Rahamtullah Ansari,
3. Junaid Ansari,
4. Samiullah Ansari, both sons of late Kadir Ansari,
5. Harun Ansari @ Md. Harun Ansari, S/o Taibullah Ansari,
6. Amjad Ansari @ Amjad, S/o Koranul Ansari, all residents of vill.- Sishani, P.S.- Kundwachainpur, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, For the Opposite Party/s : Mr. Aditya Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Kundwachainpur P.S. Case No.73 of 2018 instituted for the offence under Section(s) 342, 323, 324, 307, 354-A, 354-B, 379, 447, 427, 504 & 506/34 Indian Penal Code.
In the written report, it is alleged that petitioner No.1, Rozid Ansari, abused the informant and told that he will establish illicit relation with her and torn her clothes. He tried to make illicit relation and thereafter assaulted her by means of Dabila. There is no allegation of any overt act against other
Patna High Court Cr.Misc. No.52033 of 2018 (2) dt.31-08-2018 2/3 petitioners.
Injury report of the informant is enclosed as Annexure-2, which shows that the informant has sustained simple injury.
It is submitted that during investigation allegation for the offence under Sections 307, 379 and 354A Indian Penal Code was not found correct and charge-sheet has been submitted for the offence under Sections 341, 323, 324, 354(B), 447, 504 and 506/34 Indian Penal Code.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kundwachainpur P.S. Case No.73 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their
Patna High Court Cr.Misc. No.52033 of 2018 (2) dt.31-08-2018 3/3 absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- Rohit Kr.
U T