Rabbani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16713 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== RABBANI SON OF JAMSHED ALAM @ JAMSHED R/O KHASGAUGI, WARD NO. 5, P.S.- BAHADURGANJ, DISTT.- KISHANGANJ ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Kishanganj P.S. Case No. 432 of 2022 instituted for the offence under Sections 302, 304(B), 201, 498(A) of the Indian Penal Code.
As per allegation in the FIR, petitioner used to torture in various ways to the daughter of the informant due to nonfulfillment of dowry demand and ultimately she was being killed by cutting her neck and her dead body was found near canal.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. Save and except, his self
Patna High Court CR. MISC. No.16713 of 2023(3) dt.28-06-2023 2/2 confessional statement, nothing has come against the petitioner to show his complicity in the present case. There is no prior complain about torture or misbehavior made by the petitioner to the daughter of the informant. He has got no criminal antecedent and languishing in judicial custody since 3.11.2022. Learned APP appearing for the State has opposed the prayer of Bail and submitted that during investigation, several witnesses have supported the prosecution story. As per postmortem report, doctor has found multiple injuries on the body of the deceased caused by hard and sharp object. Cause of death is due to hemorrhage and shock.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite and conclude the trial.
(Sunil Kumar Panwar, J) sushma/- U