Shahabuddin Ansari @ Shahbudin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22807 of 2020 Arising Out of PS. Case No.-257 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== SHAHABUDDIN ANSARI @ SHAHBUDIN ANSARI Son of Mohid Ansari Resident of Village-Narkatiya Bazar, Police Station-Uchakagaon, DistrictGopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-11-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 304(B) of the I.P.C.

Informant is the father of deceased, who has alleged in his written complaint that petitioner along with other coaccused persons killed his daughter by pressing her neck due to non-fulfillment of demand of dowry.

It has been submitted on behalf of petitioner that he is

Patna High Court CR. MISC. No. 22807 of 2020(3) dt.04-11-2020 2/3 innocent and has been falsely implicated in this case only on the basis of suspicion. Petitioner was not present at the time of occurrence. It has been further submitted that the room was locked from inside and she was found hanging from the fan, as such, she has committed suicide and petitioner gave information of death of her daughter to informant. In the postmortem report also death is attributed to Asphyxia caused due to hanging and both the parties have compromised the matter. Petitioner has no criminal antecedent and is in custody since 09.01.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj, in connection with Uchakagaon P.S. Case No. 257 of 2019 subject to the conditions that:-

(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 his absence

Patna High Court CR. MISC. No. 22807 of 2020(3) dt.04-11-2020 3/3 on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/rajivU T