Md. Taleeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15703 of 2021 Arising Out of PS. Case No.-450 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== MD. TALEEB SON OF MD. ISLAM KHAN @ MD. ISLAM Resident of Village - Mohalla - Jafarganj, P.S. and Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2021 Heard learned counsel for the parties.

The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 304B and 498A of the Indian Penal Code.

As per the prosecution case, the accused persons including the petitioner who happens to be husband of the deceased tortured and killed the daughter of the informant for nonfulfillment of the demand of dowry.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and incorrect. The petitioner has been falsely implicated in the case only because of his relationship being the husband of the deceased. It has transpired in course of investigation that the relationship between the petitioner and the deceased was cordial. It was as a result of unfortunate accident that the

Patna High Court CR. MISC. No.15703 of 2021(4) dt.27-09-2021 2/2 deceased died as a result of drowning in the river. The allegations levelled against the petitioner are not supported in the postmortem report. The petitioner is in custody since 17.8.2020 and has no criminal antecedent. He undertakes to cooperate in the learned Court below.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner is the husband of the deceased and there is direct allegation against him which has led to charge being framed in the learned trial Court under section 304B of the Indian Penal Code besides other sections. It is further submitted that the informant shall produce their witnesses without any delay in the learned trial Court.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the nature of the allegation together with the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial (Partha Sarthy, J) Bibhash/- U