Noor Alam @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20495 of 2016 Arising Out of PS.Case No. -273 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Noor Alam @ Guddu Son of Md. Addam, resident of Village- Nariyar Baritha, P.S.- Motipur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Adv. For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the daughter of the informant is languishing in jail since 01.10.2015 in a case registered for the offences punishable under Sections 498A and 304B of the Indian Penal Code.

The accusation is of killing the daughter of the informant by causing burn injuries within two years of the marriage for non-fulfillment of the dowry demand. It is submitted by the learned counsel for the petitioner that the victim died due to accidental burn injuries while cooking on the occasion of birthday celebration in the family and this fact has been supported by the independent witnesses in paragraph nos. 9 to 12 of the case diary. Moreover, victim was provided medical

Patna High Court Cr.Misc. No.20495 of 2016 (3) dt.10-08-2016 2/2 assistance and family members of the victim were also informed. Mr. J.N. Thakur, learned APP, after going through the case diary, submits that though some of the witnesses have supported the fact that the victim died due to accidental burn injury but the family members of the victim have supported the case of the prosecution.

Considering the thrust of accusation against the petitioner being the husband of the victim, this court is not inclined to grant bail to the petitioner at present in connection with Motipur P.S. Case No. 273 of 2015 pending in the court of learned SDJM, (west) Muzaffarpur.

Accordingly, the prayer for regular bail of the petitioner is rejected.

Since the investigation has already concluded, it is expected from the learned court below to conclude the trial expeditiously. If the trial is not concluded within one year then the petitioner will be at liberty to renew prayer for bail. (Dinesh Kumar Singh, J) Amrendra/- U T