Ajmal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26710 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- JAIPUR District- Banka ====================================================== 1.

AJMAL ANSARI Son of Irshad Ansari @ Paltu 2.

AMZAD ANSARI Son of Irshad Ansari @ Paltu Both are resident of Village - Jaipur Muslim Tola, P.S.- Jaipur, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons including the two petitioners herein tortured and killed the sister of the informant for non-fulfillment of the demand of dowry. It is submitted by learned counsel for the petitioners that the two petitioners who are the brother-in-law(devar) of the deceased are innocent and have been falsely implicated in the case. The allegations are general and omnibus in nature. Referring to the case diary, it is submitted that the husband of

Patna High Court CR. MISC. No.26710 of 2021(5) dt.31-01-2022 2/2 the petitioner was arrested on 19.7.2020 and is in custody. It is further submitted that the husband of the deceased has confessed to killing the sister of the informant. Referring to the contents of the post-mortem report, it is submitted that there is only one injury on the body of the deceased, the same being a sharp cut injury on the neck. The petitioners are in custody since 19.12.2020 and have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the relationship of the two petitioners, the husband of the deceased being in custody together with the material that has transpired in course of investigation, petitioners being in custody for more than 1 year, the Court directs the two petitioners to be enlarged on bail in connection with Jaipur P.S. Case no.43 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

(Partha Sarthy, J) Saurabh/- U T