Kyamudin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72683 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== KYAMUDIN ANSARI S/o Jamaludin Ansari @ Jamalu Miyan R/v- Bajen, P.S.- Charpokhari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiva Ranjan For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 328 of the Indian Penal Code.

3. The allegation against the petitioner is of killing the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the deceased. From the perusal of the FIR, it appears that the petitioner himself informed the matter to deceased's father(informant) requested to come and also taken away immediately Ara for better treatment to his wife and it is also clear that the petitioner and the deceased

Patna High Court CR. MISC. No.72683 of 2022(4) dt.31-07-2023 2/2 resides peacefully and she herself taken poison due to mental disturbance. Petitioner is languishing in judicial custody since 12.06.2022.

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is the husband of the deceased and the ample responsibility of taking care of his wife and keep with dignity is upon him, but he did not do so. The marriage between them was solemnized in the year 2015. From the perusal of the FSL report of the deceased, it appears that Aluminium Phosphide commercially known as Celphos was detected, which is highly poisonous. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U T