Md. Najim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12520 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -NARPATGANJ District- ARRARIA ====================================================== Md. Najim, Son of Late Hasimuddin, Resident of Village- Pathara, Ward No.- 6, Police Station- Ghurna, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioner seeks bail in Narpatganj (Ghurna) P.S. Case No. 86/2016, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The informant alleged that his daughter was married to the petitioner 08 years ago, but the petitioner due to nonfulfillment of demand of dowry strangulated the daughter of the informant to death.

Learned counsel for the petitioner submits that the allegation of demand of dowry is false and concocted. The deceased herself committed suicide. The marital relationship was congenial and the deceased got three children from the wedlock. The petitioner being the husband of the deceased is in jail since

Patna High Court Cr.Misc. No.12520 of 2017 (5) dt.02-05-2017 2/2 30.04.2016, but it appears from perusal of the post-mortem report that the deceased was assaulted before her death. The post-mortem report shows that there were many injuries on the body of the deceased besides bruises on the front of neck and this fact itself shows that the deceased was strangulated to death. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day-to-day basis and conclude the same within one year from the date of receipt of this order. If the trial is not concluded within one year, the petitioner may renew prayer for bail.

(Prabhat Kumar Jha, J.) Vinita/- U T