Md. Apsar Ansari @ Md. Afsar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76910 of 2019 Arising Out of PS. Case No.-329 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== MD. APSAR ANSARI @ MD. AFSAR ANSARI Son of Md. Ainur @ Md. Ainar Resident of Village- Salempur Saini, P.S.- Kahalgaon, DistrictBhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Kahalgaon P.S. Case No. 329 of 2019 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
Petitioner happens to be husband and allegation is that he along with others administered poison to his wife. Submission of learned counsel for the petitioner is that there is general allegation against all the accused persons and police after investigation submitted final form against other accused persons not finding case true and investigation against petitioner is still going on.
Heard learned APP also, who has opposed the prayer for anticipatory bail stating that there is allegation of demand of
Patna High Court CR. MISC. No.76910 of 2019(2) dt.20-01-2020 2/2 Rs.1 lac against the petitioner and for non-fulfilment of the same he tortured his wife and administered poison to her. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if he surrenders and prays for regular bail, the same shall be considered on its own merit, without being prejudiced by this order.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) spal/- U T