Sagar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58093 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -GOH District- AURANGABAD ====================================================== Sagar Ansari, Son of Md. Kudush Ansari, resident of Village Mirpur, Police Station- Goh, District- Aurangabad.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Santosh Chandra Bhaskar, Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 149, 341, 323, 354, 509, 379, 307, 427 of the IPC and 3⁄4 of the Witch Craft Act. The prosecution story, in brief, is that on 18.08.2017, the informant Hazara Khatoon was taking bath in semi naked position, accused persons including the petitioner barged into house and began to assault. They took away four mobile sets and damaged the household articles. Co-accused Taushid Ansari @ Ojha branded the informant to be a witch and told that she had enchanted devil spirit to son of Mahboob Ansari leading to his death. They further commanded the informant to exhume the dead body and make him alive. They took her to the graveyard and kept on beating. She was forced to dig the grave. They were bent upon
Patna High Court Cr.Misc. No.58093 of 2018 (2) dt.08-10-2018 2/2 to bury the informant alive. Meanwhile, informant's son came and rescued.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made. Other co-accused persons have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 31807 of 2018 order dated 29.06.2018.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 114 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T