Patna High CourtCR. MISC./25637/2024bail rejected

Gulam Ansari v. The State Of Bihar

2024-09-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25637 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- SONO District- Jamui ====================================================== Gulam Ansari S/o- Mumtaj Ansari R/o- Village-Bhelua, PSSono(Charkapathar), District-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramadit, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sono (Charkapathar) P.S. Case no.55 of 2023, registered under sections 302, 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons were torturing the informant's daughter for non-fulfillment of the demand of dowry. It is further stated that this petitioner also committed rape on the informant's daughter for which meeting had taken place in the village. The informant received information about his daughter having been strangulated to death.

4. Learned counsel for the petitioner submits that the petitioner, who happens to be devar of the deceased, has been falsely implicated in the case. In fact the deceased committed

Patna High Court CR. MISC. No.25637 of 2024(7) dt.20-09-2024 2/2 suicide. The allegations levelled in the FIR are false and incorrect. The petitioner is in custody since 5.3.2023 and has no criminal antecedent. There are altogether nine charge-sheet witnesses and thus no chance of the trial concluding in the near future.

5. The application for bail is opposed by learned APP for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 9.9.2024, four prosecution witnesses have been examined out of total eight charge-sheet witnesses till 9.9.2024.

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR wherein it is stated that the petitioner also committed rape on the daughter of the informant together with the trial having proceeded with four prosecution witnesses having been examined out of eight charge-sheet witnesses till 9.9.2024, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T