Md Faruk Ansari @ Md Faruk v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68311 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== Md Faruk Ansari @ Md Faruk Son of Late Md. Nejam Miyan @ Late Md. Nejamuddin R/O Vill.- Gaursatti, P.S.- Chandramandih, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Adv.
Mr. Shivendra Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-09-2024 Learned counsel for the petitioner seeks permission to delete paragraph no. 11 as the same is irrelevant along with making necessary correction in paragraph no. 10 of the petition during the course of the day.
02. Learned counsel is permitted to make the aforementioned correction/modification in the course of the day.
03. Heard learned counsel for the petitioner and learned A.P.P. for the State.
04. In the present case, the petitioner is apprehending his arrest in connection with Chandramandih P.S. Case No. 81 of 2023 registered for the alleged offence under Sections 302, 120(B)/34 of the Indian Penal Code
05. As per prosecution case, the petitioner and other co-accused persons committed murder of the daughter of the
Patna High Court CR. MISC. No.68311 of 2024(3) dt.27-09-2024 2/3 informant on account of demand of Rs. 1,00,000/-.
06. Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and he is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The marriage of the daughter of the informant was solemnized in the year 2008 and there were four children out of this marriage. The elder one is aged about 10 years and the youngest is aged about 2 and 1⁄2 years. During these 15 years, no complaint was ever made for any demand. The daughter of the informant committed suicide as she was caught red handed in objectionable position with brother-in-law of her younger sister. The petitioner was informed by his children about the conduct of the deceased and she committed suicide due to shame.
Learned counsel further submits that co-accused persons have been granted anticipatory bail by this Court vide order dated 07.02.2024 in Cr. Misc. No. 3700 of 2024. The police submitted charge-sheet against co-accused Shamruddin Ansari under Section 306, 120(B) and 34 of the IPC, keeping investigation pending against the petitioner and others. The petitioner has got no criminal antecedent.
07. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.
08. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.68311 of 2024(3) dt.27-09-2024 3/3 submission made on behalf of the parties and considering the possibility of false implication and the background of possibility of suicide by of informant's daughter, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned J.M.-1st Class, Jamui in connection with Chandramandih P.S. Case No. 81 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) anuradha/- U T