Amwar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6492 of 2019 Arising Out of PS. Case No.-38 Year-2017 Thana- KHAIRA District- Saran ====================================================== AMWAR ALI, Son of Allaudin. Resident of Village- Khaira, P.S.- Khaira, District- Saran at Chapra (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Khaira Police Station Case No.38 of 2017, registered for the offences punishable under Sections 302, 201 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the court of learned Additional Chief Judicial Magistrate-10th, Saran at Chapra.

Allegation against the petitioner is that he throttled to death to his wife. The daughter of this petitioner has supported the allegation as an eyewitness before the Police. Learned counsel for the petitioner submits that it has come during investigation that the victim died of illness and after disposal of dead body, just to pressurize, the false case has

Patna High Court CR. MISC. No.6492 of 2019(3) dt.22-04-2019 2/2 been lodged. Petitioner is in custody since 30.05.2018. Learned counsel for the informant opposed the prayer for bail.

Considering the statement of the daughter of the petitioner, who appears to be an eyewitness of the occurrence, I am not inclined to enlarge the petitioner, above named, on bail. Hence, his prayer is refused.

The learned trial court is directed to expedite the trial and conclude the same preferably within 09 months from the date of receipt/production of copy of this order, failing which the petitioner would be at liberty to renew the prayer for bail before the court below itself.

(Birendra Kumar, J) abhishek/- U T