Anzar Alam @ Md. Anzar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20362 of 2019 Arising Out of PS. Case No.-90 Year-2018 Thana- TERHAGACHH District- Kishanganj ====================================================== Anzar Alam @ Md. Anzar Alam Son of Khalil @ Md. Khalil Resident of Village - Fulwari, Dahibhat, P.S.- Terhagachh, Distt.- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Terhagachh P.S. case No.90 of 2018 registered under Section 304(B), 302/34 of the Indian Penal Code, pending in the court of A.C.J.M.-I, Kishanganj. Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest

Patna High Court CR. MISC. No.20362 of 2019(2) dt.08-04-2019 2/2 his implication in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is alleged to be the husband of the deceased. The cause of death has not been explained by the petitioner. The onus is on the petitioner to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The court below is directed to expedite the trial. (Sudhir Singh, J) Narendra/- U T