Javed Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5640 of 2021 Arising Out of PS. Case No.-09 Year-2019 Thana- SUIYA District- Banka ====================================================== JAVED ANSARI, Son of Azad Ansari, Resident of Chhihatjore, P.S.- Suiya, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishore Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 05-08-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code.

Informant has alleged that his daughter was married with the petitioner 10 months ago according to muslim rites and rituals. After sometime of marriage she was being tortured by her in laws for non-fulfillment of demand of dowry and subsequently he came to know that on 25.01.2019 she has been killed by strangulation. It has been submitted on behalf of the petitioner that allegation of demand of dowry and torture is false and concocted and no such allegation were made during lifetime

Patna High Court CR. MISC. No.5640 of 2021(5) dt.05-08-2021 2/3 of deceased. Due to some family dispute she committed suicide which is corroborated by post mortem report in which cause of death is stated to be asphyxia due to hanging. She was rushed to hospital but could not be saved. Petitioner has no criminal antecedent and is in custody since 30.08.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Banka, in connection with Suiya P.S. Case No. 09 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in

Patna High Court CR. MISC. No.5640 of 2021(5) dt.05-08-2021 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T