Md. Amzad Ansari @ Amzad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29116 of 2018 Arising Out of PS. Case No.-732 Year-2017 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Amzad Ansari @ Amzad Ansari S/o Rafique Ansari, R/o Vill.- Murha, P.S.- Majorganj, District- Sitamarhi. At present R/o Mohalla- Rajopatti Ansari Road, P.S. + District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. B.K.Sinha, Sr. Advocate Mr. Virendra Kumar For the State :

Smt. Sucheta Yadav For the Informant :

Mr. Dinesh Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 732 of 2017, registered for the offence punishable under Sections 304B and 328/34 of the Indian Penal Code.

The allegation in the present case is regarding the accused persons including the petitioner herein, who happens to be the husband of the victim girl, having killed the victim girl on account of non-fulfillment of the demand for dowry. The learned senior counsel appearing on behalf of the petitioner submits that the present case is case of suicide and the victim girl had committed suicide on her own as has been stated by her in her suicidal note. It is further submitted

Patna High Court Cr.Misc. No.29116 of 2018(4) dt.19-07-2018 2/2 that after the petitioner and other accused persons found the victim girl to be in a bad condition, they had taken her to the hospital, as has also been mentioned in the supervision note of the police from where the victim girl was referred to S.K.M.C.H, Muzaffarpur for better treatment and unfortunately, she died on the way. The petitioner is stated to be having a clean antecedent and he is languishing in custody since 16.09.2017.

Per contra, the learned counsel for the informant has submitted that the suicidal note is fake and fabricated and has also vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 732 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T