Patna High CourtCR. MISC./40541/2017disposed

Id. Mohammad Ansari v. The State Of Bihar

2017-09-01Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40541 of 2017 (2) dt.01-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40541 of 2017 Arising Out of PS.Case No. -142 Year- 2016 Thana -RIGA District- SITAMARHI ======================================================

1. Id. Mohammad Ansari Sono f Habib Ansari Resident of Village-Rampur Gangauli, P.S. Riga District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 The petitioner seeks regular bail in connection with Riga P.S. Case No. 142 of 2016, registered for offences punishable under Section 304B/34 of the Indian Penal Code. Petitioner is husband and the allegation is of committing dowry death of the deceased.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner and further there is no specific allegation with regard to demand of dowry and though there is allegation of administering poison to the deceased, however, the viscera report has not yet come and petitioner has been in judicial custody since 23.12.2016. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.40541 of 2017 (2) dt.01-09-2017 circumstances of the case and nature of allegation, at present, I am not inclined to release the petitioner on bail, however, the learned court below is directed to call for Viscera report and once the same is received, the petitioner may renew his prayer for bail before the court below itself, and if any such application is filed, the court below after considering the materials available on record as well as the finding of Viscera report, shall pass an appropriate order, without being prejudiced by the order of this Court. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T