Muslim Mian @ Md. Muslim And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36713 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- MUFFASIL District- West Champaran ======================================================
1. Muslim Mian @ Md. Muslim, S/o Late Rafique Mian,
2. Sarfullah Ansari S/o Muslim Mian,
3. Imran Ansari S/o Muslim Mian,
4. Ajrun Khatoon W/o Muslim Mian,
5. Nasrun Nessa W/o Sarfullah Ansari, All are Residents of Vill.- Naya Tola, Laptahi, P.S.- Bettiah (M), Manuapul, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Aslam Ansari For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Muffasil (Manuapur) P.S. Case No. 17 of 2018 registered for offences under sections 147, 148, 149, 341, 342, 447, 323, 324, 307, 376, 511, 509, 506 of the Indian Penal Code and Section 302 of the I.P.C.
In the present case, the Informant was going to his bed after taking dinner, in the meantime, he heard the sound of his nice Ruksana Khatoon, he went there and saw that Zakir Ansari had lifted her forcibly and was trying to commit rape upon her. In the meantime, other accused persons entered and
Patna High Court Cr.Misc. No.36713 of 2018(2) dt.29-06-2018 2/3 caused various injuries.
Learned counsel for the petitioners submits that there is no specific allegation against the female petitioners to have also joined in the assault.
Looking to the entire facts and circumstances of the case, let the petitioner nos 4 & 5, namely, Ajrun Khatoon and Nasrun Nessa, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 1st cum Special Judge, Bettiah, West Champaran in connection with Bettiah Mufassil (Manuapal) P.S. Case No. 17 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call them for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
So far other petitioner nos.1 to 3 are concerned, their prayer for anticipatory bail is rejected. They will be at liberty to appear before the court below and pray for bail and the
Patna High Court Cr.Misc. No.36713 of 2018(2) dt.29-06-2018 3/3 court below will pass orders in accordance with law without being prejudiced by this order.
(Shivaji Pandey, J) rishi/- U T