Patna High CourtCR. MISC./77482/2023bail granted

Soaib Ansari @Md Soaib v. The State Of Bihar

2024-01-10Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77482 of 2023 Arising Out of PS. Case No.-463 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

Soaib Ansari @MD Soaib S/O Late Nabijan Ansari Village- Badeya Karma Tola Asarganj, Ps. Barachatti, Dist. Gaya 2.

Raushan Khatoon @ Raushan Ara W/O Soaib Ansari Village- Badeya Karma Tola Asarganj, Ps. Barachatti, Dist. Gaya 3.

Irfan Alam @ Irfan Ansari S/O Md. Soaib Ansari Village- Badeya Karma Tola Asarganj, Ps. Barachatti, Dist. Gaya 4.

Tabassum Khatoon @ Tabasum Aafrin W/O Md. Murshid Alam VillageBadeya Karma Tola Asarganj, Ps. Barachatti, Dist. Gaya 5.

Murshid Ansari @ Md. Murshid Alam S/O Md. Irdish Alam Village- Badeya Karma Tola Asarganj, Ps. Barachatti, Dist. Gaya 6.

Dilshad Ansari @ Md. Dilshad Alam S/O Yaquib Ansari Village- Badeya Karma Tola Asarganj, Ps. Barachatti, Dist. Gaya ... ... Petitioner/s

Versus

The State Of Bihar Bihar 2.

Apshara Parvin W/O Sandam Ansari Village- Badeya Karma Tola Asarganj, Ps. Barachatti, Dist. Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in

Patna High Court CR. MISC. No.77482 of 2023(2) dt.10-01-2024 2/3 connection with Barachatti P.S. Case No. 463 of 2023 dated 16.05.2023 registered for the offence/s punishable u/s 498A of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Sofa, Motorcycle and gold chain as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners are the father-in-law, mother-in-law, Devar, married sister-in-law and brothers-in-law of the informant. The petitioners neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.77482 of 2023(2) dt.10-01-2024 3/3 satisfaction of the learned court concerned, Gaya in connection with Barachatti P.S. Case No. 463 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

9. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T