Masoom Ali Ansari @ Masoom Ansari @ Farukan Saheb @ Furkan Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66033 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Masoom Ali Ansari @ Masoom Ansari @ Farukan Saheb @ Furkan Saheb S/O Saheb Hussain Ansari Village- Mahuara Tola, Sihuliya, Ps- Nautan, DistWest Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Babu Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nautan P.S. Case No. 130 of 2023 instituted for the offences punishable under Sections 302, 304(B), 498(A), 504 and 201 of the Indian Penal Code.

3. As per the prosecution case, the petitioner tortured his wife and committed her murder due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is inordinate delay in filing of the complaint and lodging of F.I.R. The allegation of demand of

Patna High Court CR. MISC. No.66033 of 2023(6) dt.01-03-2024 2/2 dowry and torture is false and concocted. There is no eye witness of the alleged occurrence. Petitioner has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R. and case diary, it appears that F.I.R. registered on the basis of complaint petition filed before the learned Chief Judicial Magistrate, Bettiah against the four accused persons including the petitioner. In the entire case diary, it is not clear about the date of occurrence. No dead body was recovered. It is also submitted that this is a disputed matter that the alleged occurrence is under Indian territory or Nepal territory. Petitioner is in custody since 10.05.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., West Champaran, Bettiah in connection with Nautan P.S. Case No. 130 of 2023.

(Ramesh Chand Malviya, J) lata/- U T