Md. Nazam @ Md. Nijam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4964 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- FALKA District- Katihar ====================================================== Md. Nazam @ Md. Nijam Son of Md. Salim Resident of VillageWahidnagar, P.S.- Falka, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Falka P.S. Case No. 94 of 2024, GR No. 2208 of 2024 instituted for the offences under Sections 302, 304B, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for the petitioner submits that general and omnibus allegation has

Patna High Court CR. MISC. No.4964 of 2025(4) dt.12-05-2025 2/3 been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.04.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that there is specific allegation against this petitioner along with co-accused Salim that they assaulted and tortured the victim for the non-fulfillment of demand of dowry. Learned APP, therefore, prays that petitioner may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case, there being specific allegation against the petitioner as also petitioner is the husband of the deceased, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. If any such application is filed before the learned Trial Court,

Patna High Court CR. MISC. No.4964 of 2025(4) dt.12-05-2025 3/3 the same shall be considered on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T