Ainul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6893 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -BAGAINGOLA District- BUXAR ======================================================

1. Ainul Ansari, S/o Md. Ismail Ansari, R/o Village- Bhada, P.S.- Bagen gola, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 Heard the parties.

This application has been filed in connection with Bagen Gola P.S.Case No.67 of 2016 for the offence under Sections 498A, 304(B) and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is husband of the deceased and the deceased has committed suicide. A large number of witnesses have stated so during the course of investigation and further it has been submitted that the petitioner had informed the family members of the deceased, as such it appears that he did not either try to conceal the fact or try to dispose of the dead-body. It is further submitted that the petitioner had taken her for treatment but in the way she died. Now the petitioner is in custody for about nine months.

Patna High Court Cr.Misc. No.6893 of 2017 (4) dt.06-04-2017 2/3 Heard learned A.P.P. also, who has also admitted that a large number of witness have also supported the facts as submitted by the petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, as well as the fact that the petitioner is in custody for about nine months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Ist A.C.J.M., Buxar in connection with Bagen Gola P.S.Case No.67 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.6893 of 2017 (4) dt.06-04-2017 3/3 U