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Patna High CourtCR. MISC./9390/2015rejected

Md. Israil v. The State Of Bihar

2015-04-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9390 of 2015 Arising Out of PS.Case No. -34 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Israil Son of Late SK. Chhedi R/o village - Kajha Jharha Tola, P.S. K. Nagar, District - Purnea .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-04-2015 Heard both sides.

The petitioner seeks bail in K. Nagar P.S. Case No. 34 of 2014, registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code.

Mir Saleem, the father of the deceased made allegation that his daughter Ansari Khatoon was married to the petitioner Md. Israel about 12-13 years ago and she had two children aged about 10 and 8 years respectively. Her husband solemnized second marriage and thereafter Md. Israel and his second wife used to quarrel with the daughter of the informant. The daughter of the informant filed a case which is pending for last two years. The informant got information about the missing of his daughter and later on the dead body of his daughter was found in a very

Patna High Court Cr.Misc. No.9390 of 2015 (3) dt.16-04-2015 2/2 decomposed stage from a Jalkumbhi field.

It is submitted that there is no eye-witness of the occurrence. The petitioner has already divorced his wife. The witnesses have stated that the deceased developed illicit relation with one Ramesh Sah.

On perusal of records, it appears that the deceased was living by the side of the house of the petitioner and the petitioner had quarreled with his first wife. The first wife also lodged a case which is pending.

Considering the aforesaid facts that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order.

(Prabhat Kumar Jha, J.) Rakhi/- U T