Kayamuddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59244 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- BHITAHA District- West Champaran ====================================================== Kayamuddin Ansari Son Of Noor Hassan Ansari Village Redha, Ps- Bhitaha, Dist- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Zaki Haider For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioners used to torture his daughter due to non-fulfillment of dowry demand. It is further alleged that they killed the daughter of the informant by strangulating her and hanged her body, pretending that she has committed suicide.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioner is brother-in-law of the deceased due to which he has falsely been implicated in this present case. There is no eye

Patna High Court CR. MISC. No.59244 of 2023(2) dt.12-09-2023 2/2 witness of the alleged occurrence. The petitioner has no concern mess and business of the deceased as well as her husband and was living separately from them. There is no specific allegation levelled against the petitioner. It is further submitted that the husband of the deceased is already in judicial custody. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.05.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bhitaha P.S. Case No. 44 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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