Md. Sarfraz Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3341 of 2024 Arising Out of PS. Case No.-277 Year-2014 Thana- CHANDAUTI District- Gaya ====================================================== MD. SARFRAZ ANSARI S/O KALAMUDDIN R/O VILLAGE- KUDARI, POST- DHAVPOKHAR, P.S- KARAMCHAT (SADAR), DISTT.- KAIMUR (BHABHUA).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ALI MOHAMMAD ANSARI S/O MUSTAFA ANSARI R/O MOHALLAALIGANJ, ROAD NO.-5, P.S- CHANDAUTI, DISTT.- GAYA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S. Jamil Akhter, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 304(B) of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. Petitioner is elder brother-in-law of the deceased. He has

Patna High Court CR. MISC. No.3341 of 2024(2) dt.01-02-2024 2/2 been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He is separate in mess and is living in Hyderabad with his father. He has no role in the alleged occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chandauti P.S. Case No. 277 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T