Ibran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8625 of 2016 Arising Out of PS.Case No. -110 Year- 2015 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ibran Ansari S/o Sikandar Ansari Resident of village - Madhopur - Bairia, P.S. Gaunaha, District - West Champaran ( Bettiah ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shally Kumari For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B) and 34 of the I.P.C Salma Khatoon, the daughter of the informant, was married to the petitioner last year and allegedly due to non fulfillment of demand of Bed and other articles she was being tortured and assaulted and ultimately she was strangulated to death by the petitioner and other in-laws.

Submission is of false implication and that nothing was ever demanded, there was cordial relation between the petitioner and his wife, the petitioner has to go Saudi Arab to earn

Patna High Court Cr.Misc. No.8625 of 2016 (4) dt.05-05-2016 2/2 livelihood and for that he has got passport also, the wife of the petitioner wanted to go Saudi Arab with the petitioner and on refusal she committed suicide, other co-accused have been allowed bail and as such the petitioner also deserves sympathetic consideration.

The learned A.P.P. seriously opposes prayer for bail by submitting that during postmortem the cause of death was found asphyxia as a result of throttling and further the prosecution witnesses have also supported the same.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Gaunaha P.S. Case No. 110 of 2015 pending in the court of Judicial Magistrate, 1st Class, Bettiah, West Champaran. However, considering detention of the petitioner, let the trial be expedited and concluded preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T