IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1021 of 2009 MUSTAQUE ANSARI Son of Late Nezamuddin Ansari, Resident of Village- Jaralpur, Naya Tola, Shahi Bazar, P.S. Jogapatti, District- West Champaran -------------Petitioner Versus STATE OF BIHAR ----------------Opposite Party ----------- 2. 6.2.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is that the petitioner’s wife is said to have fired on the deceased. Learned counsel for the petitioner submits that although the petitioner is named in the F.I.R. no role has been assigned to him. It is further submitted that the petitioner’s wife had earlier filed a case against the deceased under Section 376 which is numbered as Jogapatti P.S. Case No. 67/2006. It is submitted on the date of occurrence the wife of the petitioner was alone in her house and the deceased again tried to outrage her modesty and the informant along with her family members had tried to shoot at the wife of the petitioner which actually hit the deceased. It is further submitted that the police has submitted final form against the petitioner because his presence is doubted at the place of occurrence. Wife of the petitioner is already in custody. Considering the aforesaid facts, the petitioner Mustaque Ansari is directed to be released on anticipatory bail in the event of his - 2 - arrest or surrender before the Court below within a period of six weeks in connection with Jogapatti P.S. Case No. 195/2007 on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah District-West Champaran, subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)