Tasauwar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82546 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- MAHILA PS District- Buxar ====================================================== 1.
Tasauwar Ansari S/o- Sadaruddin Ansari R/v- Sareya Ujiyar Ghat PsKrantadih Dist- Ballia U.P 2.
Gulasan Begum @ Gulsan W/o- Tasauwar Ansari R/v- Sareya Ujiyar Ghat Ps- Krantadih Dist- Ballia U.P ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Phuljahan Begum w/o- Shahjad Ansari, D/o- Azadi Ansari R/v- Khalasai Muhalla Ps- Buxar T Dist- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Buxar Mahila P.S. Case No. 39 of 2025 instituted for the offence under Sections 126(2), 115(2), 85 and 3(5) of Bhartiya Nyaya Sanhita and Sections 3 and 4 of D.P. Act.
3. The case of the prosecution is that the informant was married to one Shahzad Ansari. She is having a daughter out of that wedlock. It is further alleged that from the date of the
2/4 marriage, she was being assaulted by her in-laws on account on non-fulfillment of dowry demand. It is further alleged that on 27.05.2025, the husband of the informant demanded Rs. 70,000/- and on non-fulfillment of above demand, started pressing her neck. It is further alleged that all the family members started assaulting her caught her hair and assaulted on her stomach with legs and slaps and after that, ousted her from matrimonial house. It is also alleged that after some time, she started feeling pain in her stomach and bleeding. On 12.06.2025, she went to Dr. Usha where she came to know that the fetus is missing.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel for the petitioners has further submitted that the petitioners are father-in-law and mother-in-law and the the nature of allegation is general and omnibus. The main thrust of allegation is against the husband of the informant and as per case of the prosecution, the occurrence is of 27.05.2025 and the informant went to the doctor on 12.06.2025. From perusal of the order of the learned trial court, it is clear that learned trial court has recorded "( para- '39' of the case diary mentions the written
3/4 statement of Dr. Usha Sinha who has stated therein that on 12.06.2025, she treated the informant with complain that her menstrual cycle has missed for one and half month and since 12.06.2025, the bleeding has started. She advised her for ultrasound and on 16.06.2025, the patient showed her ultrasound report which shows that the child is missing (abortion)". It is also clear that the when the informant went to the doctor, she has not made any statement before her that she was being assaulted due to which her menstrual cycle has missed rather it is a regular check-up as it is apparent from the order of the learned trial court. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Buxar Mahila P.S. Case No. 39 of 2025, they will be enlarged on bail on furnishing bail bond of
4/4 Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar subject to the conditions as laid down under section 482(2) of B.N.S.S, (Ashok Kumar Pandey, J) Shubham/- U T