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Patna High Court

Sarfaraz AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.88713 of 2025(3) dt.30-01-2026
                                            2/4




          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.
Patna High Court CR. MISC. No.88713 of 2025(3) dt.30-01-2026
                                            3/4




               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
               Patna High Court CR. MISC. No.88713 of 2025(3) dt.30-01-2026
                                                           4/4




                         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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