Md. Jubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15531 of 2024 Arising Out of PS. Case No.-251 Year-2021 Thana- HISUWA District- Nawada ====================================================== Md. Jubair Son of Md. Jawade, Resident of Village- Basti Bigha, PS- Hisua, Distt- Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Kamaluddin, Advocate For the Opposite Party :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2024 Heard Mr. Md. Kamaluddin, the learned counsel for the petitioner, the learned counsel for the informant and Mr. Binod Kumar, the learned Additional Public Prosecutor for the State. 2.

Petitioner seeks regular bail who is in custody since 19.01.2022, in connection with Hisua P.S. Case No. 251 of 2021, FIR dated 17.05.2021, registered for the offence punishable under Section 304(B) read with Section 34 of the Indian Penal Code. 3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 67093 of 2022, which was rejected vide order dated 24.04.2023.

4.

According to the prosecution case, the daughter of the informant was subjected to torture by her husband over nonfulfillment of dowry demand and he even threatened to kill the informant's daughter, if his demand was not met. It is further alleged that the in-laws of the informant's daughter informed the

Patna High Court CR. MISC. No.15531 of 2024(3) dt.10-05-2024 2/2 informant that they have killed his daughter as their demand was not fulfilled.

5.

Vide order dated 01.03.2024, a report was called for with regard to the stage of the trial and report dated 05.03.2024 of the learned trial Court reveals that out of six chargesheeted witnesses, five witnesses including the medical officer have already been examined and only investigating officer is yet to be examined.

6.

The learned counsel for the informant as well as the learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner. 7.

Considering the aforesaid facts and circumstances and also the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Hisua P.S. Case No. 251 of 2021, pending in the Court of learned Additional District & Sessions Judge-III, Nawada.

8.

Prayer is refused.

9.

However, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Shahnawaz/- U T