Alaudin Ansari @ Alauddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76142 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Alaudin Ansari @ Alauddin Ansari S/O Late Kasim Ansari R/O VillageBhawaniganj, P.S- Manjhagarh, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP For the Informant :

Mr. Sumit Shankar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

3. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 120B, 504, 506/34 of the Indian Penal Code.

4. As per the prosecution case, the FIR has been lodged against eight named accused persons including the present petitioner. A specific allegation against the petitioner is that he attacked the head of the informant's daughter-in-law which resulted in her death.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean. As per the prosecution, the petitioner alleged to have assaulted on the

Patna High Court CR. MISC. No.76142 of 2023(5) dt.10-04-2024 2/2 head of the daughter-in-law of the informant by farsa, but the injury does not corroborate the allegation and due to this reason, the case diary has been called for along with the postmortem report.

6. Learned counsel for the State opposes the prayer for bail and submits that the injury report is not on record but post-mortem report is available. The post-mortem report suggests head injury in dimension 4" x 3". The cause of death has been opined as head injury.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the allegation is specific against the present petitioner which is fully supported by the post-mortem report.

7. In this background, this Court is not inclined to grant anticipatory bail to the petitioner in connection with Manjhagarh P.S. Case No. 137/2023, pending before the learned CJM, Gopalganj. Accordingly, the prayer for bail is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U