Tabark Ansari @ Tabarak Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10370 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== Tabark Ansari @ Tabarak Ansari Son of Gafar Ansari Resident of VillageBarhima Mathiya, P.S- Sidhwalia, District - Gopalganj, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Advocate For the State :

Mr. Dr. Kumar Uday Pratap, APP For the Informant :

Mr. Sumit Shekhar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Sidhwaliya P.S. Case No. 257 of 2024 instituted for the offence under Sections 80 & 3(5) of the Indian Penal Code. 3.

Prosecution case in short is that daughter of the informant wad done to death at her matrimonial house due to non-fulfillment of the demand of dowry.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-09-2024. Petitioner bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.10370 of 2025(3) dt.11-04-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is delay of three days in lodging the FIR. There is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. Learned counsel for the petitioner submits that it is petitioner who has informed the father of the deceased about the happening of the incident. It is submitted that deceased was having an extra-marital affair and was in depression due to which she has committed suicide. As per postmortem report, cause of death is asphyxia as a result of hanging. Charge sheet is submitted in this case.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.10370 of 2025(3) dt.11-04-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Sidhwaliya P.S. Case No. 257 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T