Md. Parwej @ Parvej Ansari @ Md. Parvej Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41278 of 2022 Arising Out of PS. Case No.-599 Year-2021 Thana- AMARPUR District- Banka ====================================================== MD. PARWEJ @ PARVEJ ANSARI @ MD. PARVEJ ANSARI, male aged about 30 years, S/O LATE JALIL, R/o Village- Dumrama, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023

1. Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner and the learned APP for the State.

3. Petitioner seeks regular bail in connection with Amarpur P.S. Case No. 599 of 2021 dated 10.12.2021 registered for the offence(s) punishable under Section(s) 306/34 of the Indian Penal Code.

4. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 27.04.2022 and he has fair and clean

Patna High Court CR. MISC. No.41278 of 2022(4) dt.26-04-2023 2/3 antecedent and as per the prosecution's allegation the victim had love affair with this petitioner and when petitioner's marriage was fixed with another lady and the said love affair in between them came into the knowledge of all the villagers and on account of that the victim got ashamed and finally committed suicide but the said allegation concerned to the petitioner does not fall in the purview of instigation to the victim to commit suicide and moreover the dead body of the victim was admittedly found in the house of the informant and as per medical expert's opinion, the cause of death has been opined as strangulation which is against the factum of victim having committed suicide and initially the informant had lodged UD case before the institution of FIR and thereafter the FIR was lodged with malice intention and against the petitioner, investigation has been completed.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Considering the above submissions and mainly the petitioner's custody period and also the fact that against the petitioner, investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in

Patna High Court CR. MISC. No.41278 of 2022(4) dt.26-04-2023 3/3 connection with Amarpur P.S. Case No. 599 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T