Iliyas Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71208 of 2021 Arising Out of PS. Case No.-11 Year-2018 Thana- KALYANPUR District- East Champaran ====================================================== ILIYAS ANSARI Son of Late Tabarak Ansari Resident of Village- Siswa Sob, P.S. - Kalyanpur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 302/34 of the Indian Penal Code.

As per the prosecution case, sister of the informant was married with this petitioner in the year 2009 and after the marriage, the petitioner used to commit Maarpit with her and on 18.01.2018, the informant received an information that his sister has been killed by accused persons including this petitioner. Thereafter, the informant went there and saw that dead-body of his sister was lying in the courtyard and there was strangulation mark on the neck of the deceased.

It is submitted on behalf of petitioner that at the time of occurrence, petitioner was not present at the place of

Patna High Court CR. MISC. No.71208 of 2021(2) dt.20-07-2022 2/2 occurrence and he is simply a victim of false implication only on the basis of suspicion. There is no eye-witness of the occurrence.

However, learned A.P.P. for the State opposed the bail petition and submitted that sister of the informant died in an unnatural circumstances and dead-body was found in her matrimonial home. Petitioner is husband of the deceased and there is no explanation as to how sister of the informant died. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T