Ali Imam @ Ali Imam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64841 of 2019 Arising Out of PS. Case No.-2854 Year-2018 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Ali Imam @ Ali Imam Ansari, Son of Rauf Mian, Resident of Village - Sujaw, P.O. - Pachlakhi, P.S.- Nautan, Distt - Siwan. 2.

Isharat Jahan @ Isharat Khatoon, Wife of Ali Imam, Resident of Village - Sujaw, P.O. - Pachlakhi, P.S.- Nautan, Distt - Siwan. 3.

Sairun Khatoon @ Shailu Nesha, Wife of Najir Mian, D/o Rauf Mian, Resident of Village - Sujaw, P.O. - Pachlakhi, P.S.- Nautan, Distt - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruksana Khatoon, Wife of Gulam Rasul, D/o Maksud Alam, Resident of Village - Sujaw, P.O. - Pachlakhi, P.S.- Nautan, Distt - Siwan. Presently residing at Village Dewapur, Asha Raut Ke Tola, P.O. V.S. Mill Harkhua, P.S.- Manjha, Distt - Gopalganj.

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 2854 of 2018, disclosing offences under Sections 498A, 307, 325 and 323 of IPC. Petitioners happens to be the Bhasur, wife of Bhasur and Nanad of the complainant. Allegation of assault by the accused person to the complainant, due to which, she received injuries.

Submission of the learned counsel for the petitioners is that the petitioners no.1 and 2 are residing separately in their Sasural and they have falsely been implicated in this case.

Patna High Court CR. MISC. No.64841 of 2019(2) dt.17-10-2019 2/3 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there are allegation of assault to the informant and the learned court below has found the fact that complainant has severe injury on her person and she has also produced X-ray report.

Having heard both sides, in view of the allegations so far as, petitioner no.1 is concerned, I am not inclined to grant privilege of anticipatory bail to the petitioner no.1, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail.

So far as, petitioners no.2 and 3 are concerned, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Gopalganj, in connection with Complaint Case No. 2854 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T

Patna High Court CR. MISC. No.64841 of 2019(2) dt.17-10-2019 3/3