Anwar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4398 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- JAIPUR District- Banka ====================================================== 1.

ANWAR ANSARI SON OF IRSHAD @ PALTU @ IRSHAD ANSARI 2.

IRSHAD ANSARI @ PALTU @ IRSHAD SON OF LATE RIYAT ALI 3.

SALIMA BIBI @ SILAMA BIBI WIFE OF IRSHAD ANSARI @ PALTU @ IRSHAD All ARE RESIDENT OF VILLAGE- JAIPUR MUSLIM TOLA, P.S- JAIPUR, DISTRICT-BANKA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 20.07.2020 in connection with Jaipur P.S. Case No. 43/2020 registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

As per the prosecution case, sister of the informant was subjected to torture and killed due to non-fulfillment of demand of dowry. Petitioner No. 1, 2 and 3 are brother-in-law, father-inlaw and mother-in-law of the deceased respectively. It is submitted on behalf of the petitioners that general

Patna High Court CR. MISC. No.4398 of 2021(2) dt.23-03-2021 2/3 and omnibus allegation of demand of dowry has been levelled against these petitioners. It is further submitted that these petitioners used to live separately with the family of the deceased much before the marriage was solemnized. It is submitted that the thrust of allegation is against the husband (Md. Idris Ansari) of the deceased who has already been taken into custody. Chargesheet has already been submitted in this case. Petitioners have got clean antecedent and are in custody since 20.07.2020.

Considering the fact that petitioners are brother-in-law, father-in-law and mother-in-law of the deceased and co-accused husband of the deceased who is already in custody, the bail petition of the petitioners is allowed. Let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, 1st, Banka, in connection with Jaipur P.S. Case No. 43 of 2020, subject to following conditions:-

(1) Petitioners 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 on their absence on two consecutive dates

Patna High Court CR. MISC. No.4398 of 2021(2) dt.23-03-2021 3/3 without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T