Mehdi Hassan Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69362 of 2019 Arising Out of PS. Case No.-89 Year-2018 Thana- PIYAR District- Muzaffarpur ====================================================== MEHDI HASSAN ANSARI Son of Md. Tasleem Resident of Village - Karela, Police Station- Pear, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 304(B)/34 of the Indian Penal Code. Petitioner who happens to be father-in-law of the sister of the informant is said to have committed dowry death of his sister by administering poison in association of his family members.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. Petitioner neither made any dowry demand nor ever tormented the deceased over the said demand nor eliminated her by administering poison. The allegation levelled

Patna High Court CR. MISC. No.69362 of 2019(2) dt.12-12-2019 2/3 against the petitioner is not specific rather general and omnibus in nature. Petitioner happens to be father-in-law of the deceased and is living separately from the deceased and her husband and he has no concern with their affairs. Mother-in-law of the deceased has been acquitted on trial. Informant in the said Session Trial No. 664 of 2018 has candidly stated that the deceased was suffering from colic since before and she succumbed to her aforesaid ailment. The in-laws of her sister had neither made any dowry demand nor subjected her to torture. Husband and father-in-law of the deceased were present at the time of her cremation and took part in the cremation. Locals have got the F.I.R. drafted and he has simply put his signature on the same.

He could not disclose the name of the person who divulged him the factum of administering poison to the deceased by the accused persons. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Addl. Sessions Judge, Muzaffarpur in connection with Pear P.S. Case No.

Patna High Court CR. MISC. No.69362 of 2019(2) dt.12-12-2019 3/3 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C, with condition that the petitioner will be present before the Court during the course of trial on each and every date fixed in the case and extend all sorts of cooperation in conclusion of the trial. In case of default and his absence on two consecutive dates without any valid reason to the satisfaction of the learned lower court, learned lower court shall be at liberty to cancel the bail bond of the petitioner. (Prakash Chandra Jaiswal, J) mantreshwar/- U T