Masum Haidar @ Masoom Haidar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3786 of 2022 Arising Out of PS. Case No.-181 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== Masum Haidar @ Masoom Haidar, Son of Jalim Miyan, Resident of VillageSaidpura, P.S.- Goreakothi, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the State :

Mr.Anant Kumar 1, APP For the Informant :

Mr. Rajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Goreakothi P.S. Case No. 181 of 2021 registered for the alleged offences under Sections 302 and 201 of the Indian Penal Code.

As per prosecution case, petitioner is the husband of the deceased daughter of the informant and allegation against him is that he killed his wife by setting her on fire and buried the dead body.

Patna High Court CR. MISC. No.3786 of 2022(3) dt.02-11-2022 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to oblique and ulterior motive. There is no apparent motive for the occurrence. The marriage of the petitioner and deceased was solemnized ten years back and she gave birth to two children and there has neither been any demand of dowry nor torture or assault against the petitioner. The victim lady has committed suicide due to unsoundness of her mind. Learned counsel further submits that there is no eye-witness to the alleged occurrence and none of the independent witnesses have supported the prosecution version. The petitioner is in custody since 28.10.2021 and charge-sheet has been submitted in this case. The petitioner is having clean antecedent.

Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the informant has made specific allegation against this petitioner for killing her daughter. Learned counsel further submits that the petitioner has not informed any of the relatives of the deceased at her parental home regarding her death. Perused the records.

Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.3786 of 2022(3) dt.02-11-2022 3/3 submissions made on behalf of the parties and considering the nature of allegation against the petitioner which is quite grave and serious, I am not inclined to grant bail to the petitioner. Hence, the prayer for bail is rejected.

However, the learned trial court is directed to expedite the trial and conclude the same preferably within a period of six months.

(Arun Kumar Jha, J) balmukund/- U T