Riyaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17081 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- KHAIRA District- Jamui ====================================================== 1.

Riyaz Ansari Son Of Israfil @ Kailu Mian Resident Of Village- Dhanwe, P.S- Khaira, Dist- Jamui 2.

Sabina Khatoon W/O Riyaz Mian Resident Of Village- Dhanwe, P.S Khaira, Dist- Jamui 3.

Jamal Ansari Son Of Israfil @ Kailu Mian Resident Of Village- Dhanwe, P.S Khaira, Dist- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 304B, 120B/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners caused death of the sister of the informant due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.17081 of 2021(2) dt.08-04-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioner No.1 is brother-in-law (Bhaisur), petitioner No.2 is Gotani and petitioner No.3 is brother-in-law (Devar) of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. and there is specific allegation against the petitioner No.1. Considering the same, I am not inclined to grant anticipatory bail to the petitioner No.1. The prayer for anticipatory bail of petitioner No.1 is rejected. If the petitioner No.1 surrenders before the court below and pray for regular bail, same shall be considered on its own merit without being prejudiced by this order. Considering the aforesaid facts and circumstances, let the petitioners No.2 and 3, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.17081 of 2021(2) dt.08-04-2021 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Khaira P.S. case No.221 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T