Ansarul @ Ansarul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1165 of 2018 Arising Out of PS. Case No.-35 Year-2017 Thana- POTHIYA District- Kishanganj ====================================================== Ansarul @ Ansarul Haque Son of Badrul Alam @ Badruddin Resident of Village-Khajoorbari, Police Station-Pothia, District-Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Najmul Hoda, Adv For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Pothia P.S. Case No. 35 of 2017 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
Informant is the mother of the deceased who in her statement on 05.03.2017, had stated that her deceased daughter Angura Begum was married to petitioner three years before and there was demand of dowry and for non fulfillment of demand of dowry her daughter was subjected to torture by her in-laws. It has been further stated that
Patna High Court Cr.Misc. No.1165 of 2018(4) dt.08-02-2018 2/3 relations between the husband and wife was not cordial and three months before the deceased came to her parental home and was residing with her. She has further stated that two days prior to this occurrence i.e. on 03.03.2017 petitioner, his sister and his cousin brothers and other family members, came to take her deceased daughter with them thereafter she went with them and on 05.03.2017, she was found hanging from a tree near the village.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and there is no eye witness to the occurrence and the deceased was not killed in her matrimonial home, and the place of occurrence where she was found hanging is near her matrimonial home. In the post mortem report also no ante mortem injury has been found on the body of the deceased and cause of death has been attributed to Asphyxia due to hanging. Petitioner has got no criminal antecedent and is in custody since 22.07.2017.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand)
Patna High Court Cr.Misc. No.1165 of 2018(4) dt.08-02-2018 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.IIIrd, Kishanganj in connection with Pothia P.S. Case No. 35 of 2017.
(S. Kumar, J) ranjan/- U