Nazre Aalam @ Md Nasre v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20496 of 2021 Arising Out of PS. Case No.-288 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== NAZRE AALAM @ MD NASRE S/O MD RAHIM Resident of Sahpur Baghauni, Ward No. 8, P.S.- Wani, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Vikram Rana, Advocate For the Opposite Party/s :
Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
As per the prosecution case, the daughter of the informant who was regularly tortured by the accused persons including the petitioner herein was done to death. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He happens to be the unfortunate husband of the deceased. Having come to know the true facts, the parties have settled their dispute and filed compromise petition, copy of which has been brought on record as Annexure- 2 to the petition. The petitioner
Patna High Court CR. MISC. No.20496 of 2021(6) dt.15-12-2021 2/2 is in custody since 30.7.2020 and has no criminal antecedent. Case not even having been committed in the Court below, there is no chance of the trial concluding in the near future The application for bail is opposed by learned APP for the State who submits that the petitioner is the husband of the deceased and the cause of death in the postmortem report is stated to be mechanical asphyxia due to strangulation. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner being the husband of the deceased and the contents of the postmortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Prakash/- U