Mohd. Alam @ Md. Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3882 of 2018 Arising Out of PS. Case No.-111 Year-2017 Thana- KARJA District- Muzaffarpur ====================================================== Mohd. Alam @ Md. Alam Son of Late Mohd. Sarfuddin @ Sarfuddin Resident of Village-Madho Chapra, Post Office- Badka Gaon, Police StationKarja, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 27.06.2017 in connection with Sessions Trial No. 610 of 2017 arising out of Karja P.S. Case No. 111 of 2017 pending in the Court of learned 7th Additional Sessions Judge, Muzaffarpur registered for the offence punishable under Section 302 of the Indian Penal Code, although charge-sheet has been submitted under Section 304(B) of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his sister, Apsana Khatoon was found dead in her matrimonial house lying on a cot out side the house. She has been tortured by her husband, the petitioner and in-laws for non-
Patna High Court Cr.Misc. No.3882 of 2018(3) dt.17-02-2018 2/2 fulfilment of demand of dowry and have killed her. It has been submitted by the learned counsel for the petitioner that he is innocent, no such offence is made out against the petitioner and that charge-sheet has already been submitted.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that the deceased has been found dead in the matrimonial house and as per postmortem report, deceased died due to asphyxia by hanging.
Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner. This application is, accordingly, rejected. However, trial court is directed to expedite the trial and conclude the same preferably within a period of six months.
(Nilu Agrawal, J.) Arjun/- U T