Jakir Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60180 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

JAKIR ANSARI Son of Late Gulam Rasul R/o Village- Bhatoria, P.S.- Muffasil (Ranipatra), District- Purnea.

2.

Khalil Ansari @ Kalil Ansari Son of Jakir Ansari R/o Village- Bhatoria, P.S.- Muffasil (Ranipatra), District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Sadar (Mu) P.S. Case No. 216 of 2019 registered for the offence punishable under Sections 306/34 of the Indian Penal Code.

As per FIR petitioners are father-in-law and brotherin-law (Bhaisur) of the deceased and there is allegation against another brother-in-law of the deceased that he tried to have developed illicit relationship with the deceased, which was objected by the deceased but petitioners and other family members have not taken care of rather they have objected to the deceased, due to which she committed suicide. Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.60180 of 2019(3) dt.18-10-2019 2/3 that there is general and omnibus allegation against them and mother-in-law of the deceased has been granted bail by coordinate Bench of this Court by order dated 19.9.2019 passed in Cr.Misc.No. 58146 of 2019 and so far allegation of having illicit connection is concerned, that is against another brother-in-law and not against the petitioners.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that post mortem report disclosed that death due to strangulation, as such it is case of Section 302 IPC and not under Section 306/34. In view of above facts and circumstances and considering the averment that he was residing outside, let petitioner No.2, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Sadar (Mu) P.S. Case No. 216 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. So far petitioner No.1 is concerned, in the facts and

Patna High Court CR. MISC. No.60180 of 2019(3) dt.18-10-2019 3/3 circumstances, his prayer for anticipatory bail is rejected. He may surrender and pray for regular bail.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T