Mainuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 53220 of 2016 Arising out of P.S. Case No. - 124 Year - 2010 Thana - KOCHAS District - SASARAM (ROHTAS) ====================================================== Mainuddin Ansari, Son of Islamuddin Ansari, resident of village - Shrikantpur, P.S. Rajpur, District - Buxar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Anis Akhtar, Advocate For the Opposite Party : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 120(B) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Sahani Khatoon died within few years of her marriage in her matrimonial house meeting with unnatural death. There is allegation of demand of dowry and torture for the same against the petitioner also, who is husband.

Submission of the petitioner is that there is delay in lodging of the case. Some other co-accused have been allowed anticipatory bail by a co-ordinate Bench of this Court. The petitioner is in custody since 20.09.2016 and the truth is that the family members had participated in the funeral rites of the dead

Patna High Court Cr.Misc. No.53220 of 2016 (3) dt.30-01-2017 2/2 body of the victim and thereafter just to pressurize, the present false case has been lodged.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail, in connection with Kochas Police Station Case No. 124 of 2010 pending in the court of learned Chief Judicial Magistrate, Rohtas at Sasaram, for the present.

Hence, the prayer for bail is rejected.

The learned court below is directed to expedite the trial and if the trial is not concluded within nine months from the date of receipt of a copy of this order, the petitioner shall be at liberty to renew his prayer for bail at the court below itself. Kundan (Birendra Kumar, J) U T