Aarif Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.480 of 2019 Arising Out of PS. Case No.-318 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== Aarif Ansari aged about 30 years Male, Son of Late Wasir Ansari All Resident of Village-Damobriti,P.S. Harsidhi,Distt.-East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu, Adv For the Informant :

Mr. Bijendra Kumar, Adv For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Harsidhi P.S. Case No. 318 of 2018 registered for the offence punishable under Sections 304B, 201/34 of the Indian Penal Code.

Allegation against the petitioner is of killing the daughter of the Informant for non fulfillment of demand of dowry alongwith FIR named accused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or

Patna High Court CR. MISC. No.480 of 2019(4) dt.28-02-2019 2/3 subjected her to cruelty. There is delay of about 13 days in lodging the FIR. Informant was present during funeral. Petitioner has got no criminal antecedent and is in custody since 07.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 318 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.480 of 2019(4) dt.28-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U