Patna High CourtCR. MISC./6992/2019rejected

Md. Raza @ Md. Jasim @ Md. Jaseem Raja @ Jasim v. The State Of Bihar

2019-04-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6992 of 2019 Arising Out of PS. Case No.-40 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Raza @ Md. Jasim @ Md. Jaseem Raja @ Jasim, aged about 27years, (M), Son of Md. Samim R/o Village - Rojipur Ward no. 45 , P.S.- Katihar Muffasil, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh, Adv For the Opposite Party/s :

Mr.Navin Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code.

Wife of the petitioner died within a year of her marriage in her matrimonial house in unnatural circumstances. Allegation is of demand of dowry and torture for the same soon before death. A motorcycle and Rs.80,000/- cash was being demanded. The allegation of demand of dowry and torture has been supported by other witnesses also.

Learned counsel for the petitioner submits that in fact due to some family quarrel, the victim committed suicide

Patna High Court CR. MISC. No.6992 of 2019(3) dt.24-04-2019 2/2 and after calling for the family members, the cremation was to be performed. In the meantime, police came and dead body was sent for postmortem report.

Considering the presumption of law against the petitioner, I am not inclined to enlarge the petitioner on bail for the present in connection with Katihar Muffasil P.S.Case No.40 of 2018 and S.T.No.224 of 2018 pending in the court of learned Additional Sessions Judge-I-cum-Special Judge, Katihar. Hence, prayer is refused.

Petitioner is in custody since 04.03.2018, hence the learned Trial Court is directed to expedite the trial and conclude the same preferably within nine months, failing which the petitioner would be at liberty to renew the prayer before the learned court below itself.

(Birendra Kumar, J) Nitesh/- U T