Jahangir Ansari @ Jahangir Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16196 of 2021 Arising Out of PS. Case No.-315 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== JAHANGIR ANSARI @ JAHANGIR MIYAN SON OF MUSLIM ANSARI R/o village- Raibari Mahuawa, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Sahay, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Chautarwa P.S. Case No.315/2019 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution story in brief is that on 22.11.2019 at about 8.00 am the informant got information that her sister has been killed by her husband Jahangir Ansari (petitioner). It is alleged that after getting this information he along with this relatives reached to the house of his sister. It is further alleged that when he reached there and asked about the incident, his niece and nearby villagers told that all the in-laws had killed his

Patna High Court CR. MISC. No.16196 of 2021(3) dt.22-09-2021 2/3 sister brutally by strangulating her in the night and had concealed the half-burnt body.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that there is no eye-witness to the alleged occurrence and the entire prosecution case is concocted. It is submitted that the petitioner is in custody in connection with this case since 24.11.2019 without there being any material against him.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein the daughter of the petitioner has supported the prosecution case and has narrated the entire occurrence which is getting support from the inquest report prepared by police, this Court is not inclined to release the petitioner on bail at this stage.

Learned counsel for the petitioner submits that in this case the petitioner is in custody since 24.11.2019 but the trial is not progressing.

Considering this aspect of the matter, this Court expects that the learned trial court shall proceed with the case as

Patna High Court CR. MISC. No.16196 of 2021(3) dt.22-09-2021 3/3 early as possible and all endeavours be made to conclude the trial preferably within a period of one year from the date of communication of this order.

The learned trial court shall keep the matter on short intervals and prosecution is expected to produce all the witnesses on the dates fixed in the matter. If the trial remains unconcluded within the aforesaid period for no reason attributable to the petitioner, he may renew his prayer for bail. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.