Patna High Court
Sarfaraz AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sarfaraz Ansari, sought regular bail in a case registered under sections 306, 292, 500 and 34 of the Indian Penal Code for alleged abetment of suicide, obscene acts, defamation and common intention. The trial court had earlier rejected his bail but allowed a fresh application after nine months. The prosecution alleged that the petitioner abused, assaulted, and harassed his wife, circulated obscene photographs leading to her depression and suicide, while the defence argued lack of cogent evidence and that the alleged acts did not occur at the petitioner's residence. The trial court report indicated that out of six charge‑sheet witnesses, two had been examined and the trial was expected to conclude within nine months. Considering the petitioner had been in custody since 22‑11‑2024 and the trial was not likely to finish soon, the High Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to attendance conditions.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of offences (abetment of suicide, obscene acts, defamation, common intention).
- Whether the stage of trial and the time already spent in custody justify bail.
Legislation cited
- Indian Penal Code — s. 292, 306, 34, 500
Subjects
- regular bail
- abetment of suicide
- obscene acts
- defamation
- Indian Penal Code
- criminal procedure
- trial delay
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88713 of 2025
Arising Out of PS. Case No.-102 Year-2023 Thana- BANDHUWA KURAWA District- Banka
======================================================
Sarfaraz Ansari Son of Jakir Ansari @ Jakir Mian Resident of village- Pirra,
Ps- Saraiya Hat, Dist- Dumka Jharkhand
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh
For the Opposite Party/state: Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 30-01-2026 1. Heard the parties.
2. The petitioner has renewed his prayer for regular bail in
connection with Bandhua Kuraba P.S. Case No. 102 / 2023
dated 01.12.2023 registered for the offence punishable under
section 306, 292, 500 & 34 of the I.P.C.
3. The regular bail application of the petitioner was earlier
rejected by this Court by order dated 07.03.2025 passed in Cr.
Misc. No. 5665 / 2025 with liberty to the petitioner to renew his
prayer for bail after nine months if the trial does not show any
progress.
4. As per the prosecution case, the informant’s daughter was
married to the petitioner. After some time, the petitioner took
her at his work place at Dhanbad. One day the informant’s
daughter informed him on phone that the petitioner regularly
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used to abuse, assault and insult her and comes to the house
after taking liquor and used to spit gutkha on her face. She
further told that while returning from Dhanbad the petitioner
gave divorce to her and left her alone at Saraiyaghat and fled
away. Thereafter, a panchayati was held in which the
informant’s daughter stated that she would live separately from
her husband and started living separately. Subsequently, the
petitioner circulated obscene photographs of the informant’s
daughter due to which she fell in depression and committed
suicide.
5. Learned counsel for the petitioner submits that petitioner
is in custody since 22.11.2024 and this court while rejecting the
bail application of the petitioner had given him liberty to renew
his prayer for bail after nine months. The allegation of abetment
of suicide against the petitioner is not supported by any cogent
evidence and the occurrence has not taken place in the house of
the petitioner rather the same has taken place in the informant’s
house / matrimonial home of the deceased. The petitioner has no
knowledge that under what circumstances she has taken step to
commit suicide. It has also been submitted that allegation of
abetement of suicide, physical and mental torture as narrated in
the F.I.R. is not correct.
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6. On the other hand, learned counsel for the informant and
learned A.P.P. opposed the prayer for bail and submits that trial
has started and out of six charge sheet witnesses, two witnesses
have been examined and the trial is likely to be concluded in
near future.
7. I have heard learned counsel for the parties and have gone
through the material on record. By order dated 19.12.2025
this court has called for a report from the trial court regarding
the stage of the trial and in pursuance thereof learned District &
Addl. Sessions Judge-IV, Banka has furnished the report vide
letter no. 01 dated 05.01.2026 stating therein that out of six
charge sheet witnesses, two witnesses have been examined and
the trial is likely to be concluded within nine months.
8. Regard being had to the submissions made by the parties,
taking into consideration the fact the petitioner has remained in
custody since 22.11.2024 and has renewed his prayer for bail
after expiry of nine months, trial is not likely to be concluded in
near future as the trial court itself has given the estimated time
for completion of trial in nine months, accordingly, I am
inclined to grant regular bail to the petitioner.
9. Let the petitioner, above named, be released on regular
bail on furnishing bail bond of Rs.10,000 /- (rupees ten
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thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District & Sessions Judge 2 nd,
Banka in connection with Bandhua Kuraba P.S. Case No. 102 /
2023 ( S.T. No. 122 / 2025) subject to the condition that the
petitioner shall remain present before the trial court on each and
every date and in case of default on two consecutive dates
without prior permission of the trial court, his bail bond shall
liable to be cancelled.
(Anil Kumar Sinha, J)
praful/-
U T
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