Md. Mumtaz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50079 of 2022 Arising Out of PS. Case No.-294 Year-2022 Thana- BIHTA District- Patna ====================================================== MD. MUMTAZ ANSARI S/o Late Qayum Ansari, Resident of VillageSadisopur, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Sigh For the State :

Mr.J.N. Thakur For the Informant :

Ms. Soban Asghar and Sarfraz Ahmad, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State and also heard the learned counsel for the informant.

The petitioner is seeking regular bail in connection with Bihta P.S. Case No. 294 of 2022 registered for offence punishable under sections 302, 201/34 of the Indian Penal Code. As per allegation, the daughter of the informant was married to the petitioner in the year 2013. The petitioner used to assault the deceased and his nephew Prawez Ansari and his mother Saimul were also assaulting the daughter of the informant. In the evening of 25.03.2022, the informant had made telephonic

Patna High Court CR. MISC. No.50079 of 2022(4) dt.21-03-2023 2/2 conversation with her daughter. On the next date, i.e. 26.03.2022, the informant received a telephonic information that her daughter had died. She noticed mark on the neck of the deceased.

The learned counsel for the petitioner has submitted that the informant's daughter had died, as she suffered some injuries by falling on the ground in bath room, whereas the learned APP has submitted that there is specific allegation against the petitioner that the petitioner used to assault his wife and the witnesses in the case diary have supported the occurrence. The post mortem report supports the fact as antemortem injuries have been found on the person of the deceased.

Considering the materials collecting during the course of investigation, I do not think it to be a fit case for bail. Accordingly, it is rejected.

The learned court below is directed to conclude the trial. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T