Wakil Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53061 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Wakil Ansari, aged about 36 years, Male, Son of Islam Ansari @ islam miyan, Resident of Village- Sheorahi Mathiya, Police Station- Jagdishpur, DistrictWest Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar No. 7, Adv.

For the Opposite Party :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Nautan (Jagdispur) P. S. Case No. 150 of 2019, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased and the postmortem report of the deceased goes to show that cause of death was found asphyxia due to throttling. Admittedly, deceased died within four-walls of house of the petitioner. Learned counsel appearing for the petitioner submits that the informant learnt about the death of deceased from son of the deceased whose statement was recorded at para 13 of the

Patna High Court CR. MISC. No.53061 of 2019(3) dt.16-11-2019 2/2 case diary by the I.O. and in the aforesaid statement, son of the deceased specifically stated that deceased committed suicide and therefore, the aforesaid fact clearly negates the involvement of the petitioner in the alleged crime.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. (Hemant Kumar Srivastava, J) Rajeev Kumar/- U T