Md. Kashim Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14055 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- THAWE District- Gopalganj ====================================================== MD. KASHIM MIAN S/o SK. Mohamaddin R/o village- Miralipur, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 201 and 34 of the Indian Penal Code.

As per the prosecution case the daughter of the informant who was married to the petitioner herein was tortured by the accused persons including the petitioner. It is stated that on going to his daughter's house he did not find any person and on inquiry he was informed that his daughter has been killed.

It is submitted by learned counsel for the petitioner that the petitioner is the unfortunate husband of the deceased. He has been falsely implicated in the case. The deceased was not ready to live with the petitioner and on different occasions used to run away. The petitioner is in custody since 11.8.2020 and has no criminal

Patna High Court CR. MISC. No.14055 of 2021(3) dt.05-08-2021 2/2 antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and on perusal of the material on record it transpires that the dead body of the daughter of the informant, wife of the petitioner herein, was recovered from the Gandak river and as per the postmortem report, the cause of death was haemorrhage and shock caused by firearm. It is not the case of the petitioner that the matter had been reported to the police station on the disappearance of the deceased. In view of the facts and circumstances, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The learned trial court is directed to expedite the trial. Spd/- (Partha Sarthy, J) U T