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Patna High CourtCR. MISC./5665/2025bail rejected

Sarfaraz Ansari v. The State Of Bihar

2025-03-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5665 of 2025 Arising Out of PS. Case No.-102 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== Sarfaraz Ansari S/o Jakir Ansari @ Jakir Mian R/o vill - Pirra, P.s. - Saraiya Hat, Distt.- Dumka (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Bandhua Kuraba Police Station Case No. 102 of 2023 disclosing offences under Section 306, 292, 500, 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's daughter (deceased) was married to the petitioner. After some time, the petitioner took her at his working place in Dhanbad. One day informant's daughter informed him on phone that the petitioner regularly used to abuse, assault and insult her and comes to the house after taking liquor and used to spit gutkha on her face. She further told that while returning from Dhanbad the petitioner gave divorce to her and left her alone at Saraiyaghat

Patna High Court CR. MISC. No.5665 of 2025(3) dt.07-03-2025 2/3 and fled away. Thereafter, a panchayati was held in which the informant's daughter stated that she would live separately from her husband and thus started living separately. Subsequently, the petitioner circulated the obscene photographs of the informant's daughter due to which she fell in depression and committed suicide.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in the present case due to family dispute. He next submits that the allegation of abetment of suicide against the petitioner is not supported by any cogent evidence and occurrence has not taken place in the house of the petitioner rather the same has taken place in the informant's house/matrimonial home of the deceased. The petitioner has no knowledge that under what circumstances she has taken step to commit suicide. He further submits that allegation of abetment of suicide, physical and mental torture as narrated in the First Information Report is not correct. The petitioner has given maintenance to his wife who was at her parental house.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that there is specific allegation against the petitioner regarding ill treatment

Patna High Court CR. MISC. No.5665 of 2025(3) dt.07-03-2025 3/3 meted out to the deceased and the petitioner used to abuse, assault and insult her. The petitioner also circulated obscene photographs of the deceased due to which she fell in depression and committed suicide, accordingly, I am not inclined to grant regular bail to the petitioner.

6. This application is, accordingly, rejected.

7. However, the petitioner may renew his prayer for bail after a period of 9 months if the trial does not show any progress.

(Anil Kumar Sinha, J) HarshPandey/- U T