Nizam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39358 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- CHANDRAMANDI District- Jamui ====================================================== NIZAM ANSARI Son of Late Ali Jan Mian Resident of Village - Gangaraidih, P.S.- Chakai, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abdul Mannan Khan Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Binod Kumar III ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Chandramandi P.S. Case No. 174 of 2020 registered for the offence under Sections 304 (B) / 34 of the I.P.C. As per the prosecution story the daughter of the informant was married to one Sazzad Ansari about two years back and after some time the accused persons along with the petitioner started demanding a sum of Rs. 1 Lakh and a Hero Glamour motorcycle as dowry and due to non-fulfillment of the demand the accused persons killed the daughter of the informant and her dead body was found in a room in her matrimonial home.

Patna High Court CR. MISC. No.39358 of 2021(2) dt.21-01-2022 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mainly because he is the brother-in-law of the father-in-law of the deceased i.e. "Fufa" and had participated in a 'Panchayati' held between the parties for amicable settlement of the dispute between the two families. Learned counsel further submits that there is no specific allegation against the petitioner regarding demand of dowry and torture and the petitioner is an outsider and resides in a separate village having no concern with the family affairs of the deceased and her husband and dead body was found in the matrimonial home of the deceased. The petitioner is in custody since 26/11/2020.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is a distant relative of the family members of the deceased residing in a separate village, dead body of the deceased was found in her matrimonial home, allegation against the petitioner is general and omnibus in nature, he in custody since 26/11/2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be

Patna High Court CR. MISC. No.39358 of 2021(2) dt.21-01-2022 3/3 released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, Jamui in connection with Chandramandih P.S. Case No. 174 of 2020.

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