Muslim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45115 of 2025 Arising Out of PS. Case No.-639 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== Muslim Ansari Son of Late Maqbul Ansari R/o Village - Nayee Bhoomi, P.S.- Karakat, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-07-2025 Heard Mr.Siddharth Harsh, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Karakat P.S. Case No.639 of 2024, dated 11.12.2024 registered for the offences punishable under Sections 80 and 3(5) of Bhartiya Nyaya Sanhita, 2023.
3. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case merely on the ground that
Patna High Court CR. MISC. No.45115 of 2025(2) dt.21-07-2025 2/3 the petitioner is husband of the deceased. Although the informant has filed U.D.Case on 29.08.2025 which suggests that the deceased has committed suicide herself. Thereafter, after 15 days of the occurrence, the complainant has filed the complaint case which is registered as FIR which suggests that the allegation as alleged in the FIR is false and fabricated because the same person has filed the U.D.Case and thereafter, after 15 days he has filed the present FIR /complaint petition and apart from that, co-accused persons have been granted bail by the learned court below itself.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No.639 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS,2023 and with other
Patna High Court CR. MISC. No.45115 of 2025(2) dt.21-07-2025 3/3 following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T