Md. Samsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22035 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -KASBA District- PURNIA ======================================================

1. Md. Samsad S/o Jalaluddin Resident of Village Madarsa Toli, Kasba, P.S. Kasba, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 304(B), 323/34 of the Indian Penal Code.

Petitioner is the husband of the deceased.

Brother of the deceased alleged that the petitioner forced his wife to take poison and consequently she died.

It is submitted that the police firstly prepared the inquest report and thereafter drew the F.I.R. The dead body was sent for post mortem examination but the case number was not mentioned in the case. It is further submitted that in paragraph 39 of the case diary one of the witnesses disclosed that the deceased consumed poison on account of some altercation with her sister-

Patna High Court Cr.Misc. No.22035 of 2015 (3) dt.10-09-2015 in-law. It appears that the informant and other witnesses have made specific allegation that the petitioner poisoned his wife to death due to non fulfillment of demand of dowry. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail in connection with Kasba P.S. Case No. 06 of 2015 pending in the court of Sri R. V. Kumar, Judicial Magistrate, 1st Class, Purnea. This application for bail is, accordingly, rejected.

The trial court is directed to expedite the trial of the petitioner.

(Prabhat Kumar Jha, J) Amin/- U