Sagir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20124 of 2021 Arising Out of PS. Case No.-152 Year-2019 Thana- DURAULI District- Siwan ====================================================== Sagir Ansari, Son of Subhan Ansari, Resident of Village- Repura, P.S. Darauli, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B) and 120(B) of the Indian Penal Code.

Prosecution case, in brief, is that the informant had marriage his daughter with the petitioner on 30.04.2019. After the marriage, the petitioner alongwith family members started torturing his daughter for want to dowry. His daughter used to complain on mobile. It is further alleged that on 19.09.2019, he

Patna High Court CR. MISC. No.20124 of 2021(2) dt.02-09-2021 2/3 got an information that the husband (petitioner) and his family members to get ablazed his daughter, he rushed to Sadar Hospital, Siwan where he came to know that his daughter was referred to Gorakhpur, then he moved there, then he came to know that his daughter is lying in burnt condition in a Scorpio. His daughter has been done to death for want of dowry and at that time, she was pregnant of three months.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner and there is no specific overt act against the petitioner. The petitioner alongwith other family have been made accused in the present case. The petitioner is languishing in judicial custody since 31.10.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail application and submits that the petitioner is the husband of the deceased.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in

Patna High Court CR. MISC. No.20124 of 2021(2) dt.02-09-2021 3/3 connection with Darauli P.S. Case No. 152/2019 from the Court of learned Additional Chief Judicial Magistrate-IIIrd, Siwan. Accordingly, this application is dismissed.

However, the trial court is directed to expedite the trial of the petitioner.

(Anjani Kumar Sharan, J) amitkumar/- U T