Md Shahjahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20448 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- ROSERA District- Samastipur ====================================================== Md Shahjahan Son Of Md. Bijo Village- Mohiuddinpur Ps- Hasanpur DistSamastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 364, 365 of the Indian Penal Code and charge sheet has been submitted under Sections 302, 201, 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner and his wife is that they killed brother of the informant due to previous enmity.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20448 of 2023(3) dt.03-07-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 18.05.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the deceased had gone to the house of the petitioner and dead body of the deceased was recovered from the Aangan of this petitioner. During investigation wife of the petitioner confessed her guilt and stated that she and her husband committed murder of the informant's brother by tieing duppata in his neck after that they buried his dead body in their Aangan, which is mentioned in para 57 of the case diary. As per postmortem report, which is also annexed with case diary, wherein doctor opined cause of death is asphyxia due to strangulation.

Having heard the learned counsel for the parties and considering the facts and circumstances that there is direct allegation against the petitioner of committing murder of the informant's brother, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for

Patna High Court CR. MISC. No.20448 of 2023(3) dt.03-07-2023 3/3 bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T