Absar Alam @ Afsar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24896 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- BAHADURGANJ District- Kishanganj ====================================================== Absar Alam @ Afsar Alam Son Of Raisuddin @ Raisouddin Resident Of Village- Shivganj Balubari, P.S. Bahadurganj, District-Kishanganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Bahadurganj Police Station Case No. 136 of 2020 registered for the offences punishable under sections 328, 302/34 of the Indian Penal Code. As per the prosecution case, informant's daughter was married to the petitioner in 2009 and soon thereafter petitioner and his family members started subjecting her to cruelty and harassment for dowry. Finally they killed her on 12.5.2020 by administering poison.

Learned counsel for the petitioner submits that the informant is not the eye witness of the occurrence and no such occurrence took place and in fact the victim herself consumed poison which information was immediately given to her parents and when she became unconscious she was taken to the hospital

Patna High Court CR. MISC. No.24896 of 2021(2) dt.27-07-2021 2/2 for treatment where she died during treatment. Petitioner has been implicated in this case only on suspicion and he is in custody since 14.5.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner used to demand dowry and committed torture on her and in league with his family members killed his wife in a planned conspiracy. In the inquest report, mark of injuries has been found on the face of deceased.

In view of the specific allegation against the petitioner as well as the fact that the informant's daughter died under unnatural circumstance and the petitioner is the husband of the deceased, his prayer for bail is refused. (Prabhat Kumar Singh, J) Shashi U T