Patna High CourtCR. MISC./22257/2018bail granted

Hakim Ansari And ANR v. The State Of Bihar

2018-04-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22257 of 2018 Arising Out of PS.Case No. -176 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Hakim Ansari, Son of Late Umar Ansari.

2. Jainab Bibi, Wife of Hakim Ansari. Both resident of Village- Bhagar, Police Station- Siswan, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Raghunathpur P.S.Case No. 176 of 2017 registered under Sections 363 and 366-A of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the petitioners are neither named in the FIR nor the victim in her statement recorded under Section 164 of the Code of Criminal Procedure (for short 'Cr.P.C.') named them. It is further contended that the petitioners apprehend their arrest only because of the fact that they happen to be the father and mother respectively of the FIR named accused Nazim Ansari against whom the victim has also made allegation in her statement

Patna High Court Cr.Misc. No.22257 of 2018 (2) dt.26-04-2018 2/2 recorded under Section 164 of the Cr.P.C.

I have perused the statement recorded under Section 164 of the Cr.P.C., as contained in Annexure-2 to the petition. The victim has not whispered a word against the petitioners. In that view of the matter, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, who are said to be aged more than 70 years, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Siwan in connection with Raghunathpur P.S.Case No. 176 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T