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Patna High CourtCR. MISC./7199/2025bail granted

Islam Ansari v. The State Of Bihar

2025-02-21Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7199 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Islam Ansari, Son of Rasul Ansari, Resident of Village - Khiridih Babu Chhauni, P.s. - Vijaypur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Dinesh Jha, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Vijaypur P.S. Case No. 95 of 2024 registered on 05.05.2024 for the alleged offences under Section 304(B), 120(B) and 34 of the Indian Penal Code.

03. As per prosecution case, the grand-daughter of the informant was married with co-accused Shahil Ansari, son of the present petitioner. The allegation against the petitioner and the coaccused persons is of demanding of bike in dowry and subsequent torture on this ground. Ultimately, the grand-daughter of the informant was hanged to death.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.7199 of 2025(2) dt.21-02-2025 2/3 The petitioner is the father-in-law of the grand-daughter of the informant and he never demanded any dowry and never tortured the deceased in any manner, in fact, the grand-daughter of the informant was in love with some other person and her grand-father married her to co-accused Shahil Ansari against her wishes and the petitioner's son had been keeping the grand-daughter of the informant with honor and dignity, but she was not happy with him and ultimately, she committed suicide. He further submitted that the postmortem report also shows death of the deceased by asphyxia as a result of hanging. The informant in order to blackmailing the petitioner and his family members has lodged this false and concocted case. The petitioner is having clean antecedent.

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner. Learned A.P.P. submits the petitioner is responsible for causing death of the grand-daughter of the informant.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner is the father-in-law of the deceased and the allegations are general and non-specific and further considering the possibility of false implication of the petitioner in this case, let the petitioner above named, in the event of his arrest or surrender

Patna High Court CR. MISC. No.7199 of 2025(2) dt.21-02-2025 3/3 before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned C.J.M., Gopalganj in connection with Vijaypur P.S. Case No. 95 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J.) Jyoti Kumari/- U T