Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10948 of 2022 Arising Out of PS. Case No.-530 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

Md. Aslam Son Of Islam Alam R/O Village- Lalganj, P.S.- K. Hat (MARANGA), District- Purnea 2.

Bibi Anjali @ Hira Khatoon D/O- Md. Aslam R/O Village- Lalganj, P.S.- K. Hat (MARANGA), District- Purnea 3.

Bibi Rojma Khatoon @ Rojma Khatoon Wife Of Md. Aslam R/O VillageLalganj, P.S.- K. Hat (MARANGA), District- Purnea 4.

Kashmira Khatoon D/O- Md. Aslam R/O Village- Lalganj, P.S.- K. Hat (MARANGA), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dr. Bidhu Ranjan, Advocate For the State :

Mr. Naveen Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with K. Hat(Maranga) P.S. Case No.530 of 2020 registered for the offence under Sections 147, 148, 341, 342, 323, 324 and 302/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 21.10.2020.

The allegation against the petitioner is to commit

Patna High Court CR. MISC. No.10948 of 2022(3) dt.06-12-2022 2/3 murder of the husband of informant, alongwith other coaccused/family members due to previous land dispures. Learned counsel appearing on behalf of the petitioner submitted that allegation with regard to assault is very much general and omnibus against petitioner Nos. 2 and 4 and is specific against petitioner Nos. 1 and 3. It is also submitted that implication is false, due to previous family disputes arising out of family property. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above, as specific allegation of assault, causing death of the husband of informant, is available against petitioner No.1, this Court is not inclined to grant privilege of bail to petitioner No.1, namely, Md. Aslam, at present.

Accordingly, the prayer for bail in respect of petitioner No.1 is rejected herewith.

The learned Trial Court is directed to conclude the trial, preferably, within a period of 06 (six) months from the date

Patna High Court CR. MISC. No.10948 of 2022(3) dt.06-12-2022 3/3 of receipt of this order, by taking this matter on board, on dayto-day basis, if required. The Superintendent of Police, Purnea is directed to produce the charge-sheeted witnesses, as and when directe by the learned Trial Court, so as to conclude the trial within aforesaid time period, as directed above.

As far petitioner Nos. 2, 3 and 4 are concerned, as they are ladies and are in custody since 21.10.2020, let petitioner Nos. 2, 3 and 4 above named, are directed to be released on bail in connection with K. Hat (Maranga) P.S. Case No.530 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IV, Purnea/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T