Md.Jaffer @ Md.Jaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24044 of 2021 Arising Out of PS. Case No.-22 Year-2019 Thana- DAGARUA District- Purnia ====================================================== Md. Jaffer @ Md.Jaffar, son of Md. Samsher, resident of VillageKhikhirmani, P.S.- Dagaruwa, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-09-2021 The petitioner, who is in custody since 21.02.2019, has approached this Court to renew his prayer for bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 27.09.2019 passed in Cr. Misc. No. 45967 of 2019.

The petitioner is husband of the deceased.

It is alleged in the F.I.R that the petitioner along with his other family members, has killed the sister of the informant for non-fulfillment of dowry

Patna High Court CR. MISC. No.24044 of 2021(3) dt.29-09-2021 2/3 demand. The postmortem report also corroborates the prosecution version as a ligature mark has been found around the neck of the deceased and the cause of death has been found to be asphyxia.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has been implicated in this case only because he happens to be the husband of the deceased. Moreover, the petitioner is in custody since 21.02.2019.

It appears that vide order dated 28.07.2021, a report was called for with regard to the present stage of the trial. The report has been received and it has been kept as Flag-R.

The report of the learned 4th Additional District & Sessions Judge, Purnea reflects that six witnesses have already been examined and only the doctor and the Investigating Officer are left to be examined. Considering the fact that petitioner is husband of the deceased and the deceased died only after one

Patna High Court CR. MISC. No.24044 of 2021(3) dt.29-09-2021 3/3 year of her marriage as well as the report of the learned Court below which reflects that trial is at the verge of conclusion as only two witnesses are left to be examined, this Court is not inclined to grant the prayer for bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

However, the Trial Court is directed to expedite the trial and conclude the same within six months from the date of receipt/production of a copy of this order. (S. Kumar, J) Shageer/- U T