Nazir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58184 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- SISWAN District- Siwan ====================================================== Nazir Ansari Son Of Sabir Miyan @ Sabir Ansari R/O Village- Chandpur, P.S.- Siswan, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by forcefully consuming her poison by her inlaws family members including the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of

Patna High Court CR. MISC. No.58184 of 2022(6) dt.11-04-2023 2/3 the deceased and the deceased was suffering from critical disease and she died due to the disease. There is general and omnibus allegation against all the F.I.R named accused person including the petitioner. The petitioner is languishing in custody since 06.09.2021. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he has fully responsible for the commission of murder of his wife. The viscera report of the deceased is at Flag-K which suggests that aluminium phosphide was detected which is commercial known as celphos. It is used as a grain preservative and is highly poisonous.

Considering the fact that petitioner is husband of the deceased and viscera report corroborates the case of the prosecution, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

Patna High Court CR. MISC. No.58184 of 2022(6) dt.11-04-2023 3/3 The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Ayush/- U T