Patna High CourtCR. MISC./14950/2021dismissed

Md. Ijhar v. The State Of Bihar

2021-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14950 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- MIRGANJ District- Purnia ====================================================== Md. Ijhar, S/O Md. Isarael @ Md. Israil, R/O Village-Patraha, P.S.- BARHARA Kothi, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr.Harendra Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. Allegation against the petitioner is of committing murder of his wife (Neha Praween) by pressing her neck in the parent's house of the deceased.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is husband of the

Patna High Court CR. MISC. No.14950 of 2021(2) dt.26-07-2021 2/2 deceased. The petitioner is in jail custody since 08.06.2020. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is husband of the deceased and there is direct allegation against the petitioner and he committed murder of his wife by pressing her neck.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Mirganj P.S. Case No. 30/2020 from the Court of learned Chief Judicial Magistrate, Purnea. Accordingly, this application is dismissed.

However, the court below is directed to expedite the trial.

(Anjani Kumar Sharan, J) amitkumar/- U T