Nausad Ansari @ Md. Nausad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78039 of 2019 Arising Out of PS. Case No.-42 Year-2018 Thana- JAIPUR District- Banka ====================================================== NAUSAD ANSARI @ MD. NAUSAD ANSARI Son of Suleman Ansari @ Suleman Miyan Resident of Village- Sirsana, P.S.- Jaipur, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 379/34 of the I.P.C. Learned counsel for the petitioner submits that the husband of the informant was lying dead for which an information was given by the informant to the police whereafter U.D. Case No. 113 of 2018 was registered and post-mortem examination of the body of the deceased was done. In U.D. case, the informant did not raise any suspicion against any one and she alleged that her husband was lying on the cot and when she went there, he did not wake up. Thereafter, she became suspicious and, thus, information was passed on to the police. He further contended that though the alleged death of the

Patna High Court CR. MISC. No.78039 of 2019(2) dt.04-12-2019 2/2 husband of informant had taken place on 17.08.2018, a complaint was filed belatedly on 04.09.2018 which was sent to the police in exercise of power under Section 156 (3) of the Code of Criminal Procedure by the Chief Judicial Magistrate, Banka pursuant to which F.I.R. has been instituted wherein changing the initial satement, a concocted story has been narrated.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The petitioner is in custody since 27.08.2019, Considering the submission especially the fact that for an occurrence of 17.08.2018, initially a U.D. case was instituted in which no suspicion was raised against the petitioner and belatedly a complaint was filed, which was sent to the police for investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Banka in connection with Jaipur P.S. Case No. 42/2018. kamlesh/- (Anjani Kumar Sharan, J) U T