Junaid Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16667 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== JUNAID AKHTAR Son of Naimul Haque Resident of Village- Machhaha, P.S.- Muffasil, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 304B, 120B of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.6.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence
Patna High Court CR. MISC. No.16667 of 2019(3) dt.29-04-2019 2/2 to suggest his implication in the present case. There is no eye witness to the occurrence.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is on him to explain the cause of death of his wife.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner in connection with Muffasil P.S. Case No. 335 of 2018. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of one year from the date of receipt/production of a copy of this order.
(Sudhir Singh, J) Pankaj/- U T