Iliyas Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37659 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== ILIYAS ANSARI S/O LATE TASLIM ANSARI R/O VILLAGE-HASNA, P.S-GAIGHAT, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr. B. N.Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Gaighat Police Station Case No. 235 of 2020, registered for the offence punishable under Sections 304-B/328/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the sister of the informant was married to the son of the petitioner and after the marriage, the family members, including the petitioner, started demanding dowry and due to non-fulfillment of the said demand, the sister of the informant has been killed in the night of 05.08.2020.

Learned Counsel for the petitioner submits that the petitioner is the father-in-law of the deceased and has falsely

Patna High Court CR. MISC. No.37659 of 2021(3) dt.05-04-2022 2/3 been implicated in this case with premeditated mind inasmuch as the death of the deceased has taken place on 05.08.2020 due to snake bite and inquest report was prepared on 06.08.2020 in presence of the informant in which the family members of the informant have signed as witnesses. He further submits that the post mortem examination of the dead body was conducted on 06.08.2020, in which the doctor has found the external injury of small teeth bite on the body of the deceased and the cause of death has not been disclosed by the doctor and the viscera has been sent for forensic examination. He further submits that after preparation of the inquest and post mortem examination reports, the present First Information Report, with concocted story, has been lodged by the informant, after a delay of five days, on 10.08.2020. He further submits that the petitioner is in custody since 26.01.2021.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that there is unexplained delay in lodging of the First Information Report, and that too after preparation of inquest and post mortem examination reports, the petitioner is the father-in-law of the deceased and he is in custody since 26.01.2021, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.37659 of 2021(3) dt.05-04-2022 3/3 This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Gaighat Police Station Case No. 235 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √