Patna High CourtCR. MISC./8127/2024bail rejected

Md. Irshad v. The State Of Bihar

2024-04-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8127 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Md. Irshad, Son Of Md. Moin, Resident Of Village - Islampur, P.S. - Jaynagar, District - Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jainagar P.S. Case No. 24/2023, lodged on 16.01.2023 under Sections 304B/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against five named accused persons including the present petitioner with an allegation of killing the daughter of the informant for non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner being the husband of the victim is innocent and has committed no offence. In fact, the victim committed suicide and during the course of the investigation, the police did not find the allegation of demand of dowry. The petitioner is in custody

Patna High Court CR. MISC. No.8127 of 2024(3) dt.09-04-2024 2/2 since 18.01.2023 having clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, the learned counsel for the petitioner submits that he is not aware of the fact whether the charge has been framed or not.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Jainagar P.S. Case No. 24/2023, pending before the learned CJM, Madhubani is hereby rejected.

9. However, the trial Court is directed to expedite the trial and conclude the same within nine months. If the trial shall not be concluded within the aforesaid period, the petitioner may renew his prayer for bail after nine months.

(Dr. Anshuman, J) Ashwini/- U T