Md. Shakir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63234 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -POTHIYA District- KISANGANJ ======================================================
1. Md. Shakir S/o Late Safiruddin , R/o Village- Udgra Tola Harsabari , P.S.- Pothia, District- Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Pothia P.S. Case No. 48 of 2017, a case under Section 304-B/34 of the Indian Penal Code.
The petitioner is husband of victim of the dowry death. There is allegation of demand of dowry and torture soon before death of victim, who died in un-natural circumstances within few months of her marriage. The petitioner is in custody since 25.05.2017.
Learned counsel for the petitioner submits that there is no witness of the occurrence, nor there is any evidence of commission of murder. The marriage was love marriage hence,
Patna High Court Cr.Misc. No.63234 of 2017 (3) dt.26-02-2018 2/2 allegation of demand is also concocted one.
Considering the allegation and material available with the case diary, I am not inclined to enlarge the petitioner on bail for the present. Hence, prayer is refused.
Learned trial court is directed to expedite and conclude the trial within a period of nine months from the date of receipt/ production of a copy of this order failing which, the petitioner would be at liberty to renew his prayer for bail. (Birendra Kumar, J) sushma/- U