Akbar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29156 of 2016 Arising Out of PS.Case No. -30 Year- 2014 Thana -DURAULI District- SIWAN ====================================================== Akbar Ansari son of Hadish Ansari, resident of village - Kumhati, P.S. - Darauli, District -Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Darauli P.S. case No.30 of 2014 instituted for the offence under Sections 304B and 201/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Siwan.

The prosecution case, in brief, is that the informant's daughter was married to the petitioner 6-7 years ago. Thereafter she went to her in-law's house. After sometime the accused persons including the petitioner started demanding Rs.50,000/- and assaulting the informant. On 4.3.2014 the informant got information that his daughter has been killed by setting her on fire and concealed her dead body.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.29156 of 2016 (4) dt.05-09-2016 2/2 petitioner is in custody since 15.2.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T