Taufique Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78262 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Taufique Ansari s/o Sri Manir Ansari, r/o village Nautan Khurd Tola, Marchaiya, P.S.Majhaulia West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard parties.

Petitioner seeks bail in Majhaulia P.S. Case No. 38 of 2018 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of killing the daughter of the Informant for non fulfillment of demand of dowry alongwith FIR named accused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded

Patna High Court CR. MISC. No.78262 of 2018(4) dt.06-03-2019 2/3 dowry or subjected her to cruelty. Petitioner has got no criminal antecedent and is in custody since 10.04.2018. Considering the aforesaid facts and circumstances of the case and the fact that petitioner is husband and it is his responsibility to protect his wife, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that the petitioner named above be released on bail after six months of framing of charge, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 38 of 2018., with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.78262 of 2018(4) dt.06-03-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U