Mahboob Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3921 of 2020 Arising Out of PS. Case No.-296 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Mahboob Ansari Son of Late Wahid Ansari Resident of Village- Bhediharwa, P.S.- Mainatand, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Shikarpur P.S. Case No. 296 of 2019 registered for the offence under Sections 302/201/120(B)/34 of the Indian Penal Code.

In the FIR, the informant has alleged that her daughter was married 15 years back and out of the wedlock, five children were born, but the husband of her deceased daughter wanted to solemnize second marriage, as a result of which, he started torturing her daughter and ultimately, she was done to death.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Petitioner's name has come during course of investigation on confessional statement of husband of deceased that petitioner also participated in disposal of dead body. Petitioner is neither member of the family nor he is

Patna High Court CR. MISC. No.3921 of 2020(2) dt.29-02-2020 2/2 relative. It is submitted on behalf of petitioner that so far as petitioner is concerned, at best, it is a case under Section 201 of the Indian Penal Code. Petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 296 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T