Gulsan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65148 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- KAKO District- Jehanabad ====================================================== 1.

Gulsan Ansari, Son of Ibrahim Ansari Resident of Village-Niyazepur, P.O. and P.S.-Kako, District-Jehanabad.

2.

Mochan Ansari, Son of Ahmad Mian Resident of Village-Niyazepur, P.O. and P.S.-Kako, District-Jehanabad.

3.

Shakilal Bano @ Shakila Bano, Wife of Mochan Ansari Resident of VillageNiyazepur, P.O. and P.S.-Kako, District-Jehanabad. 4.

Alimoon Khatoon, Wife of Gulshan Ansari @ Gulshanlam Resident of Village-Niyazepur, P.O. and P.S.-Kako, District-Jehanabad. 5.

Kahkansa Khatoon @ Kahkash Khatoon, Wife of Mumtaz Ansari @ Momtaz Resident of Village-Niyazepur, P.O. and P.S.-Kako, DistrictJehanabad. 6.

Rafik Mian, Son of Pir Mohammad Resident of Village-Kohra, P.O. and P.S.-Makhdumpur, District-Jehanabad.

7.

Hasim Mian @ Hatim Mian, Son of Ali Mian Resident of Village-Kohra, P.O. and P.S.-Makhdumpur, District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Petitioners apprehend their arrest in connection with Kako P.S. Case No.204 of 2019, for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

The allegation against the petitioners is that

Patna High Court CR. MISC. No.65148 of 2019(2) dt.24-10-2019 2/3 petitioners assaulted the informant by means of rod, lathi etc. causing him injuries.

Learned counsel for the petitioners submits that both the parties are co-sharers and there is land dispute between them. Learned counsel referring to Annexure-2 submits that injuries caused to the informant are simple in nature except injury No.4 which is grievous. Learned counsel further submits that injury No.4 has been caused on the non-vital part of the body.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are co-sharers and there is land dispute between them and the injuries caused to the informant are simple in nature except injury No.4 which is on the non-vital part of the body, I am inclined to grant anticipatory bail to all these petitioners. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Umesh Prasad, learned Judicial Magistrate Ist Class,

Patna High Court CR. MISC. No.65148 of 2019(2) dt.24-10-2019 3/3 Jehanabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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