Md Shahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8590 of 2022 Arising Out of PS. Case No.-203 Year-2020 Thana- AMAUR District- Purnia ====================================================== Md Shahnawaz S/o Abdul Rahim Resident of Village- Basolkhari, P.S.- Amour, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Irshad Ahmad Khan For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Amour P.S. Case No. 203 of 2020, registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other co-accused persons killed the daughter of informant due to non-fulfillment of demand of dowry. Petitioner is husband of the deceased.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. During course of investigation none of the witnesses have supported the prosecution case. There was no demand of dowry by the petitioner. In fact, deceased herself committed suicide by

Patna High Court CR. MISC. No.8590 of 2022(3) dt.16-05-2022 2/2 consuming poison. There is general and omnibus allegation. Petitioner is in custody since 03.04.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T