Sarfaraz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29236 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== Sarfaraz Ansari SON OF JAKIR ANSARI R/V- Pidra, PS- Saraiyahaat, DistDumka, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bandhua Kuraba Police Station Case No. 102 of 2023, dated 01.12.2023, disclosing offences under Sections 306/292/500/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the informant's daughter (deceased) was married to the petitioner. After some time, the petitioner took her at his working place in Dhanbad, one day informant's daughter informed him on phone that the petitioner regularly used to abuse, assault and insult her and comes to the house after taking liquor and used to spit gutkha on her face. She further told that while returning from Dhanbad the petitioner gave divorce to her and left her

Patna High Court CR. MISC. No.29236 of 2024(3) dt.18-09-2024 2/3 alone at Saraiyaghat and fled away. Thereafter, a panchayati was held in which the informant's daughter stated that she would live separately from her husband and thus started living separately. Subsequently, the petitioner circulated the obscene photographs of the informant's daughter due to which she fell in depression and committed suicide.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and has falsely been implicated in the present case due to family dispute. He next submits that the allegation of abetment of suicide against the petitioner is not supported by any cogent evidence and occurrence has not taken place in the house of the petitioner rather the same has taken place in the informant's house/matrimonial home of the deceased. The petitioner has no knowledge that under what circumstances she has taken step to commit suicide. He further submits that allegation of abetment of suicide, physical and mental torture as narrated in the First Information Report is not correct. The petitioner has given maintenance to his wife who was at her parental house.

Patna High Court CR. MISC. No.29236 of 2024(3) dt.18-09-2024 3/3

5. After hearing learned counsel for the parties and going through the materials on records, it appears that there is specific allegation against the petitioner regarding ill treatment meted out to the deceased and the petitioner used to abuse, assault and insult her. The petitioner also circulated obscene photographs of the deceased due to which she fell in depression and committed suicide, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application stands dismissed.

(Anil Kumar Sinha, J) ashwani/- U T