Md. Mubarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8304 of 2025 Arising Out of PS. Case No.-170 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Md. Mubarak S/O Late Noor Mohammad Resident of village- Jiwachhpur, Ward No. 2, P.S.- Banmankhi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 64 of 2024, C.I.S. No. 64 of 2024, Banmankhi P.S. Case No. 170 of 2023, registered for the offences punishable under Sections 323, 324, 304(B) and 34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

3. The petitioner is husband of the deceased. The father of the deceased is the informant. He states in his fardbeyan that he got a telephonic information that the petitioner committed murder of his daughter and thereafter the informant rushed to the place of occurrence and he saw the dead body of his daughter in pool of blood. He noticed injuries on throat of

Patna High Court CR. MISC. No.8304 of 2025(3) dt.08-05-2025 2/2 the dead body. The petitioner and his family members used to torture her for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that three witnesses examined during course of trial have not supported the prosecution case.

5. On the other hand, learned Additional Public Prosecutor opposed the prayer for bail by submitting that those three witnesses are the co-villagers of the petitioner and the material witnesses are yet to be examined.

6. Learned counsel has also submitted that in postmortem report large punctured wound was found present over left side of mid back region between Thoracic vertebrae 12 to Lumbar vertebrae 3, amongst other injuries which corroborates the allegation of assault inflicted on the victim prior to her death.

7. Considering the aforementioned facts and circumstances, I am not inclined to grant him privilege of bail, which is accordingly rejected.

(Nawneet Kumar Pandey, J) Neha/- U T